John Marshall in the context of "Discovery doctrine"

In the United States, judicial review is the legal power of a court to determine if a statute, treaty, or administrative regulation contradicts or violates the provisions of existing law, a state constitution, or ultimately the United States Constitution. While the U.S. Constitution does not explicitly define the power of judicial review, the authority for judicial review in the United States has been inferred from the structure, provisions, and history of the Constitution.

Two landmark decisions by the U.S. Supreme Court served to confirm the inferred constitutional authority for judicial review in the United States. In 1796, Hylton v. United States was the first case decided by the Supreme Court involving a direct challenge to the constitutionality of an act of Congress, the Carriage Act of 1794 which imposed a "carriage tax". The Court performed judicial review of the plaintiff's claim that the carriage tax was unconstitutional. After review, the Supreme Court decided the Carriage Act was constitutional. In 1803, Marbury v. Madison was the first Supreme Court case where the Court asserted its authority to strike down a law as unconstitutional. At the end of his opinion in this decision, Chief Justice John Marshall maintained that the Supreme Court's responsibility to overturn unconstitutional legislation was a necessary consequence of their sworn oath of office to uphold the Constitution as instructed in Article Six of the Constitution.

Johnson v. McIntosh, 21 U.S. (8 Wheat.) 543 (1823), also written M‘Intosh, is a landmark decision of the U.S. Supreme Court that held that private citizens could not purchase lands from Native Americans. As the facts were recited by Chief Justice John Marshall, the successor in interest to a private purchase from the Piankeshaw attempted to maintain an action of ejectment against the holder of a federal land patent.

The case is one of the most influential and well-known decisions of the Marshall Court, a fixture of the first-year curriculum in nearly all U.S. law schools. Marshall's opinion lays down the foundations of the doctrine of aboriginal title in the United States, and the related doctrine of discovery. However, the vast majority of the opinion is dicta; as valid title is a basic element of the cause of action for ejectment, the holding does not extend to the validity of McIntosh's title, much less the property rights of the Piankeshaw. Thus, all that the opinion holds with respect to aboriginal title is that it is inalienable, a principle that remains well-established law in nearly all common law jurisdictions.

A federally recognized tribe is a Native American tribe recognized by the United States Bureau of Indian Affairs as holding a government-to-government relationship with the US federal government. In the United States, the Native American tribe is a fundamental unit of sovereign tribal government. As the Department of the Interior explains, "federally recognized tribes are recognized as possessing certain inherent rights of self-government (i.e., tribal sovereignty)...." The constitution grants to the U.S. Congress the right to interact with tribes.

In the 1831 Supreme Court of the United States case Cherokee Nation v. Georgia Chief Justice of the United States John Marshall wrote that a Native American government is a "domestic dependent nation'" whose relationship to the United States is like that of a "ward to its guardian". The case was a landmark decision which led to the United States recognizing over 574 federally recognized tribal governments and 326 Indian reservations which are legally classified as domestic dependent nations with tribal sovereignty rights. The Supreme Court held in United States v. Sandoval "that Congress may bring a community or body of people within range of this power by arbitrarily calling them an Indian tribe, but only that in respect of distinctly Indian communities the questions whether, to what extent, and for what time they shall be recognized and dealt with as dependent tribes" (at 46). Federal tribal recognition grants to tribes the right to certain benefits, and is largely administered by the Bureau of Indian Affairs (BIA).

The history of the United States from 1789 to 1815 was marked by the nascent years of the American Republic under the new U.S. Constitution. George Washington was elected the first president in 1789. On his own initiative, Washington created three departments, State (led by Thomas Jefferson), Treasury (led by Alexander Hamilton), and War (led at first by Henry Knox). The secretaries, along with a new Attorney General, became the cabinet.

Based in New York City, the new government acted quickly to rebuild the nation's financial structure. Enacting Hamilton's program, the government assumed the Revolutionary War debts of the states and the national government, and refinanced them with new federal bonds. It paid for the program through new tariffs and taxes; the tax on whiskey led to a revolt in the west; Washington raised an army and suppressed it with minimal violence. The nation adopted a Bill of Rights as 10 amendments to the new constitution. Fleshing out the Constitution's specification of the judiciary as capped by a Supreme Court, the Judiciary Act of 1789 established the entire federal judiciary. The Supreme Court became important under the leadership of Chief Justice John Marshall (1801–1835), a federalist and nationalist who built a strong Supreme Court and strengthened the national government.

Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803), was a landmark decision of the U.S. Supreme Court that established the principle of judicial review, meaning that American courts have the power to strike down laws and statutes they find to violate the Constitution of the United States. Decided in 1803, Marbury is regarded as the single most important decision in American constitutional law. It established that the U.S. Constitution is actual law, not just a statement of political principles and ideals. It also helped define the boundary between the constitutionally separate executive and judicial branches of the federal government.

The case originated in early 1801 and stemmed from the rivalry between outgoing President John Adams and incoming President Thomas Jefferson. Adams, a member of the Federalist Party, had lost the U.S. presidential election of 1800 to Jefferson, who led the Democratic-Republican Party. In March 1801, just two days before his term as president ended, Adams appointed several dozen Federalist Party supporters to new circuit judge and justice of the peace positions in an attempt to frustrate Jefferson and the Democratic-Republicans. The outgoing U.S. Senate quickly confirmed Adams's appointments, but outgoing secretary of state John Marshall was unable to deliver all of the new judges' commissions before Adams's departure and Jefferson's inauguration. Jefferson believed the undelivered commissions were void and instructed his secretary of state, James Madison, not to deliver them. One of the undelivered commissions belonged to William Marbury, a Maryland businessman who had been a strong supporter of Adams and the Federalists. In late 1801, after Madison had repeatedly refused to deliver his commission, Marbury filed a lawsuit in the Supreme Court asking the court to issue a writ of mandamus forcing Madison to deliver his commission.

A total of 116 people have served on the Supreme Court of the United States, the highest judicial body in the United States, since it was established in 1789. Supreme Court justices have life tenure, meaning that they serve until they die, resign, retire, or are impeached and removed from office. For the 107 non-incumbent justices, the average length of service was 6,203 days (16 years, 359 days). The longest serving justice was William O. Douglas, with a tenure of 13,358 days (36 years, 209 days). The longest serving chief justice was John Marshall, with a tenure of 12,570 days (34 years, 152 days). John Rutledge, who served on the court twice, was both the shortest serving associate justice, with a tenure of 383 days (1 year, 18 days), and the shortest serving chief justice, with a tenure of 138 days (4 months 16 days). Among the current members of the court, Clarence Thomas' tenure of 12,483 days (34 years, 64 days) is the longest, while Ketanji Brown Jackson's 1,275 days (3 years, 179 days) is the shortest.

The table below ranks all United States Supreme Court justices by time in office. For five individuals confirmed for associate justice, and who later served as chief justice—Charles Evans Hughes, William Rehnquist, John Rutledge, Harlan F. Stone, and Edward Douglass White—their cumulative length of service on the court is measured. The basis of the ranking is the difference between dates; if counted by number of calendar days all the figures would be one greater, with the exception of Charles Evans Hughes and John Rutledge, who would receive two days, as each served on the court twice (their service as associate justice and as chief justice was separated by a period of years off the court). The start date given for each justice is the day they took the prescribed oath of office, with the end date being the date of the justice's death, resignation, or retirement. A highlighted row indicates a justice currently serving on the court.

Following is a list of persons who have held constitutional offices in all three branches of the United States federal government. Membership in this list is limited to persons who have held offices delineated in the Constitution of the United States and laws enacting the relevant constitutional provisions:

1. served in the executive branch, as President of the United States, Vice President, a Cabinet officer, or another executive branch office requiring confirmation by the United States Senate; and
2. served as a member of either the United States Senate or of the House of Representatives; and
3. served as a United States federal judge on a court established under Article Three of the United States Constitution.