that is due to a sculpture place there in the mid-1970s of john marshall. ice warren marshall decided to make that the theme of the room. a portrait of william more ain was donated. -- william marbury was done at it. so they are wrong but full literally of this dining room. >> marbury v. maaison is probably the most famous court -- as this court ever decided. judicial review is implicit in the constitutional document, but john marshall made it explicit in that great case. >> in all the supreme court's that says as much to a justice about what it is like to be a justice, because marbury is the embodiment of judicial review. there is no quotation in all of the history of supreme court writing that justice is more prefer to repeat than the phrase which says, "it is emphatically the power and the duty of the judiciary to say what the what is." is from john marshall in that case. >> he really was the first person to take the opportunity to establish the court and a prominent position as one of the three coequal branches of government. the chief justice precise at

john marshall made it explicit in the case of marbury vs. madison. >> there is no one case that says as much to a justice about what it is like to be a justice, because marbury vs. madison is the embodiment of judicial reviee. there is no quotation in all of the history of supreme court writing that justices more prefer to repeat then the phrase which says "it is emphatically the power and the duty of the judiciary to say what the lot is." that quote from john marshall in marbury vs. madison. >> we call him "the great chief." he was really the first person who took the job seriously. he established the court's position as one of the three coequal branches of the government. i get to initiate a discussion and have some responsibility to make sure that all the issues are adequately aired. >> there is a change when a new chief justice is presenting. each chief justice has his own way, method of presiding at the conference, and the present chief justice is doing an excellent job. he has some virtues that others did not have, but that pretty much

just before the court began its october, 1971, term, nixon faced two openings when hugo black and john marshall suffering -pillnesses, retired. chief justice warren burger expressed concern over the cases with only seven justicesg- instead of nine. the chief grew anxious when he discovered the administration had submitted the following names for evaluation it -- herschel friday, mildred -- and robert byrd of west virginia. although it was the first serious consideration of a female candidate, nixon told his attorney general that women should not serve in government because they were erratic and emotional. thank god we do not have any in the cabinet, he exclaimed. riday and lilly fell from obscurity. chief justice warren burger fired off a confidential letter to the attorney general repeating a previous recommendation that distinguished attorney of lewis powell should be the next nominee. the 64-year-old had asked his consideration. he was no more interested in the position it then he was two years before. president nixon called them and told paul that as his duty to accept the nomination -- pow

they called john marshall and reluctantly agreed to accept the president's domination. we have come toward the end of our outline. listless and patterns in appointments. the course early history, based on my research so far, the court involvement in nomination seems primarily to be made phenomenon. little if any evidence points to justice making successful suggestions to presidents during the first half of the century. one might that be the case? several factors about the course early years play a role. justices in the initial decades were closer in time to the birth of the constitution. it created no formal role for incumbent justices. second, i think about the court as an institution and its order among the three branches. prior to the great chief justice john marshall, it could not claim parity with the executive or legislative branch of the federal government in prestige or power. during the first 10 years of the course existence, no one, including members of the court itself, appeared impressed with the authority of the judiciary. the lack of a building to call its