However, I will note, in addition to all previous points, that your suggestion that Justice Marshall was motivated by political motives near the end of his life, in a job which was his for life, is ridiculous. On just what do you base such an assertion?
You replied:
I contend he thought he could save the union by appeasing the southern states 'rights' crowd. Just as I said earlier in the thread.
Up until that time there had been no serious suggestion of dissolving the Union, except for the brief flare in New England, during the War of 1812. The concern in the early 1830s had been South Carolina's attempt at Nullification of Federal tariff law, made pursuant to delegated authority in the Constitution. Marshall's recognition that the Federal Courts could not make the city of Baltimore compensate the Plaintiff for its exercise of eminent domain, had nothing whatsoever to do with any threat of disunion.
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