John Marshall

Defending the Acts of Ones Life

October 28, 2020

Chief Justice John Marshall

Dear Justice Marshall,

It has been some time since I last wrote to you and since then I have read a biography about you and I learned that you and a cousin of yours did not get along particularly well. This cousin, Thomas Jefferson considered you a thorn in his side. That aside and with all that is going on with the dysfunction and accusations which are being thrown about by both sides in Washington, I found this quote of yours particularly interesting:

“The law does not expect a man to be prepared to defend every act of his life which may be suddenly and without notice alleged against him”

This was made by you during the trial of Aaron Burr, a conspiracy trial, where some thought that Mr. Burr was treasonous while others looked at him as patriotic.

With an election next week, the passing of Justice Ruth Bader Ginsburg, and the appointment of Justice Amy Coney Barrett this quote is just as relevant as it was when you made it. I wonder Justice Marshall, how you feel about the way the confirmation process for Justices is conducted today. I am sure you would agree with me that a judge’s ruling and adherence to the rule of law is much more important for the position that one is nominated for than allegations which are brought about them that have no bearing on the ability to do the job. After all, you are considered by many to be the greatest Justice of the Supreme Court and presided over a trial that found all the allegations against Aaron Burr just that, allegations, and held no merit and found Mr. Burr not guilty of treason.

I think what you are basically saying is that one is not expected to defend acts that he or she has allegedly, and the key word is allegedly, committed long before they were even considered for this position especially is made at the spur of the moment. The same is true today 213 years after the Burr trial.

Today in this presidential election year of 2020 both sides are looking for what has become known as the October Surprise and the media somehow finds a way to dig up dirt on candidates some of which allegedly took place long before a candidate took office and they are expected to defend every act of their life. My question for you Mr. Chief Justice is if the transgression took place long before a candidate was in office would this affect the way you would consider those allegations against him?

We are all human and during the course of a lifetime we are all called upon to make decisions. Some of these may be life changing others may seem minor at the time but can turn into major problems over one’s lifetime. One thing is for certain and that is we have all made mistakes, whether youthful transgressions or adult decisions.

I am sure Mr. Chief Justice you  would be interested in how others might feel regarding your take on people defending themselves from those youthful transgressions especially if they have exhibited a change in their attitudes and the way they presently live their lives. I know I would like to know too.

I look forward to writing you again.

Sincerely,

Andrew DeMarco

Pelham, NY