John Marshall. Spór o duszę amerykańskiej republiki

JOHN MARSHALL: THE STRUGGLE FOR THE SOUL OF THE AMERICAN REPUBLIC The essay examines the uniqueness of the American political tradition during the founding period, focusing on John Marshall’s role in shaping the federalist vision of the United States. American republicanism, though rooted in European intellectual heritage, was shaped by distinctive colonial experiences and seventeenth-century English influences, such as neo-Roman republicanism and Whig doctrine. The author contrasts two strands of republicanism: the federalist, represented by John Adams, Alexander Hamilton, and Marshall, which emphasized a strong central government, elitism, and social stability, and the Jeffersonian, which promoted decentralization, individual liberty, and popular governance. The central figure of the essay is John Marshall, portrayed as the key interpreter of the Constitution, who transformed federalist philosophy into constitutional norms. The essay highlights Marshall’s conservative character, his adherence to English legal tradition, and his skepticism toward popular democracy. His jurisprudence, grounded in principles of natural law and social stability, strengthened federal authority, protecting property and order against radical tendencies. Rejecting Jefferson’s strict construction of the Constitution, Marshall advocated a floose approach that allowed the document to adapt to changing realities. His concept of a republic, based on virtue, order, and limited democracy, stood in contrast to Jefferson’s egalitarian ideals, positioning Marshall as a precursor to American conservatism in a distinctive republican form. Thus, the essay presents Marshall as a pivotal figure in the struggle over the ideological identity of the American republic, whose legacy shaped the foundations of the United States’ constitutional order.