Abstract
This article examines John Marshall’s political thought in the case of Ogden v. Saunders (1827), Marshall’s lone dissent on a constitutional question while Chief Justice. In the course of addressing the constitutionality of a New York bankruptcy law, Marshall invokes ideas of classical liberalism and republicanism that contrast with interpretations of his thought based exclusively on either of these categories. Moreover, in offering a theory of modern republicanism that fought against political interference in the economic realm, Marshall articulates an understanding of liberty founded on “non-domination” that emphasizes dimensions of economic liberty neglected by many neo-republican theorists. Reflecting on Marshall’s political theory in Ogden speaks not only to those who disagree about Marshall’s philosophical commitments but also to those who are concerned with identifying the manifold sites of domination in contemporary politics.