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Epilogue

from Part III - Courts for a New Empire, 1816–1825

Published online by Cambridge University Press:  28 August 2025

Kevin Arlyck
Affiliation:
Georgetown University, Washington DC
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Summary

The history of how the federal judiciary shaped American sovereignty has long been hidden, obscured by two often-told stories about the courts and the nation. One tells us that judges historically have ceded authority to the president in foreign affairs, and therefore have had little influence on the United States’ international relations. The other asserts that the Marshall Court’s constitutional rulings laid the foundation for federal sovereignty under the Constitution. Both of these accounts have elements of truth, but only because of developments a century later. The claim that Marshall’s constitutional decisions shaped the nation projects backward into the past an importance those rulings did not have when they were made. And the notion that the courts have historically had little to do with foreign affairs ignores that early judges were central participants in a cooperative effort among the three branches of government to secure the United States’ place in the world. It is that legacy of judicial nation-building, rather than the stories we have inherited, that can help us think about the courts’ role today.

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The Nation at Sea
The Federal Courts and American Sovereignty, 1789–1825
, pp. 266 - 278
Publisher: Cambridge University Press
Print publication year: 2025

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  • Epilogue
  • Kevin Arlyck, Georgetown University, Washington DC
  • Book: The Nation at Sea
  • Online publication: 28 August 2025
  • Chapter DOI: https://doi.org/10.1017/9781009393041.012
Available formats
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  • Epilogue
  • Kevin Arlyck, Georgetown University, Washington DC
  • Book: The Nation at Sea
  • Online publication: 28 August 2025
  • Chapter DOI: https://doi.org/10.1017/9781009393041.012
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Epilogue
  • Kevin Arlyck, Georgetown University, Washington DC
  • Book: The Nation at Sea
  • Online publication: 28 August 2025
  • Chapter DOI: https://doi.org/10.1017/9781009393041.012
Available formats
×