John Marshall and Treaty Law

Abstract

The enduring value of Chief Justice John Marshall’s contributions to international law is shown by the fact that during the bicentennial year of his birth the Supreme Court of the United States has had occasion in the course of current litigation to apply principles set forth in well-known decisions rendered by Marshall more than a century ago. Likewise there is timeliness, in view of current interest in “treaty law,” in Marshall’s pronouncements on that topic.

Double Duty across the Magisterial Branches

“…28 Instead, Marshall concentrated on his lucrative and successful private law practice. 29 He argued a case before the Supreme Court, Ware v. Hylton, and lost, 30 but in so doing, he impressed all who heard his argument.…”