The Constitution has seen better days.So begins a provocative article in The New York Times (6-Feb-12). Until the 1980s, democratic constitutions around the world were more similar to that of the United States than not. That has changed. Newer constitutions tend to protect more rights, are easier to change, and are replaced periodically. That makes the U.S version as poor a model for a new constitution as using Windows 3.1 to inspire the development of a modern operating system.
The U.S. Constitution Is Yesterday’s News
Yet there is no doubt that his natural abilities were what most distinguished [John] Marshal from other lawyers and jurists.
His head, said Senator Rufus King,
is the best organized of anyone I have known. Marshal could grasp a subject in its whole and yet simultaneously analyze it parts and relate them to the whole. He could move progressively and efficiently from premise to conclusion in a logical and rigorous manner and extract the essence of the law from the mass of particulars. In the words of Justice Story, he had the remarkable ability to seize,
as it were by intuition, the very spirit of juridical doctrines. Even Jefferson acknowledged Marshall’s talent, but he scarcely respected it. Jefferson told Story that
when conversing with Marshall, I never admit anything. So sure as you admit any position to be good, no matter how remote from the conclusion he seeks to establish, you are gone. So great is his sophistry you must never give him an affirmative answer, or you will be forced to grant his conclusion. Why, if he were to ask me whether it were daylight or not, I’d reply,
Sir, I don’t know, I can’t tell.