December 22, 1823
Marshall, John, 1755-1835
Autograph letter signed
Title: to Henry Clay
Briefly mentions a legal issue in Kentucky. Comments at length on Senator Richard M. Johnson's proposal that more than a simple majority of Supreme Court justices must agree in order to declare a law unconstitutional. He disagrees with Johnson's effort to weaken the court's ability to deliberate on the constitutionality of federal laws (which had been established in Marbury v. Madison). In the course of refuting Johnson, he also argues against expanding the size of the Supreme Court.
GLC00141