Samuel Chase

Chase was one of the most colorful and controversial members of the founding generation. He participated in the Revolution, signed the Declaration of Independence, helped create Maryland's revolutionary government, and eventually became a prominent Federalist judge. His later judicial career became inseparable from the constitutional question of judicial independence when Jeffersonian Republicans attempted to remove him through impeachment.

Chase was born on April 17, 1741, in Somerset County, Maryland, the son of an Anglican clergyman. His father educated him at home, and Chase studied classical subjects before reading law. He moved to Annapolis, was admitted to the Maryland bar in 1761, and established a successful legal practice.

Chase entered Maryland politics and became an outspoken opponent of British taxation. He served in the Continental Congress from 1774 to 1778 and signed the Declaration of Independence. During the Revolution he participated in Maryland's constitutional government and later served as chief justice of the Baltimore District Criminal Court and chief justice of the Maryland General Court. His political career was marked by vigorous Federalist views, including strong support for the Constitution and opposition to the Democratic-Republican movement.

President George Washington nominated Chase to the Supreme Court in January 1796, and the Senate confirmed him. Chase quickly developed a reputation for forceful judicial opinions and partisan political expression. He participated in important cases including Ware v. Hylton, Calder v. Bull, Marbury v. Madison, and Fletcher v. Peck. During the Jefferson administration, Chase was accused of using his judicial office to promote Federalist politics, particularly through his conduct of political trials and his criticism of Jeffersonian policies.

The House of Representatives impeached Chase in 1804, alleging multiple forms of judicial misconduct. The Senate conducted his impeachment trial in 1805 but failed to reach the constitutionally required two-thirds vote for conviction. His acquittal became an important event in the development of judicial independence because a Supreme Court justice remained in office despite intense political opposition.

Chase continued serving on the Court after his acquittal and became increasingly restrained in his political behavior. He participated in some of the Marshall Court's most important early decisions, including Marbury v. Madison and McCulloch v. Maryland. Chase died in Washington, D.C., on June 19, 1811, at the age of seventy.

Chase's legacy is divided between his judicial contributions and his impeachment. His acquittal established an important historical precedent against using impeachment simply as a mechanism for removing judges because of political disagreement or unpopular judicial behavior. His career also illustrates the difficult transition from the openly political statesmanship of the founding generation to the increasingly independent professional judiciary of the nineteenth century.

Constitutional approach: Originalist/Federalist constitutionalist. Chase strongly favored constitutional limitations on government and federal judicial independence. His approach was not “living constitutionalist,” although his opinions sometimes invoked broad principles beyond the precise constitutional text.

Key Supreme Court cases

Separate opinions: Chase's most important separate opinion was in Calder v. Bull, where he articulated a natural-rights theory limiting legislative authority even beyond the Constitution's specifically enumerated prohibitions.