“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Take any American history or political science course and you are certain to talk about the landmark Supreme Court case of Marbury v. Madison. I could probably also surmise that you will be told this is precisely the role the Constitution gave the judicial branch....
Chief Justice John Marshall (in office 1801-1835) is often identified with an expansive “big government” interpretation of the Constitution. Fans of big government cite him as an ally; opponents as an enemy. This view of Marshall is a caricature. It is true that...