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By AndrewHyman Comments () / Email this page » / Leave a comment »

was born 250 years and two days ago, as our Marshall mentioned earlier today. Of course, his most famous statement was this one:

"It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule." Marbury v. Madison, 5 U.S. 137, 177 (1803).

Not many people realize that, seven years later, Marshall put the finishing touches on that statement:

"It is the peculiar province of the legislature to prescribe general rules for the government of society; the application of those rules to individuals in society would seem to be the duty of other departments." Fletcher v. Peck, 10 U.S. 87, 136 (1810).

The best way to honor John Marshall would be for the judiciary to stop prescribing general rules for the government of society, and to repeal the ones it has already prescribed. IMHO.