Marshall served as Chief Justice until his death, at which point Roger Taney took office.

Marshall was nominated after former Chief Justice John Jay refused the position; many in Adams's party advocated the elevation of Associate Justice William Paterson, but Adams refused to nominate someone close to his intra-party rival, Alexander Hamilton.

President James Madison appointed Gabriel Duvall and Joseph Story in 1811 and 1812, replacing Cushing and Chase.

President John Quincy Adams successfully nominated Robert Trimble to replace Todd in 1826.

Although Democratic-Republicans had appointed a majority of the justices after 1811, Marshall's philosophy of a relatively strong national government continued to guide the decisions of the Supreme Court until his death.

[6] Marshall's opinions also helped to reinforce the independent power of the Supreme Court as a check on Congress,[7] and laid some of the philosophical foundations of the Whig Party, which arose in the 1830s.