Larry Kramer

There was just no notion that it would be powerful.

It wasn't yet in really anybody's imagination that they had to worry about.

It's the most divisive period in American history, except for the Civil War and possibly today.

It's a period of a lot of turmoil.

And there's essentially one huge division, you know, around which the political parties form.

Almost all of the debates are around, what is it that we mean by, you know, they would have said Republicanism, we would say democracy.

That is to say, how popular is it supposed to be?

Final interpretation rests with us in the community.

The much more conservative Federalists pushed back in all sorts of ways, interpreting the Constitution in ways that would limit the capacity for popular politics to grow.

Marshall's a straight up Federalist.

He was Secretary of State for John Adams and then he made him the Chief Justice.

He believes in judicial supremacy.

So judicial review is the notion that in a case before it, the court can say whether a statute that is raised in the case is in fact constitutional and therefore enforceable.

The whole idea of judicial review without judicial supremacy is that you have three co-equal branches, each with equal authority to interpret the Constitution.

So that will make the court look weak.

It's one of those instances of playing politics.

So he finds a way to say, you know, we don't have jurisdiction.

I can't tell Jefferson what to do.

But I'm going to tell you, he violated the Constitution.

This was wrong.