The Supreme Court in its first years behaved more like a British court than the Court we know today. The judges wore powdered wigs and elaborate scarlet and ermine robes, a practice taken directly from English custom. Each judge wrote a separate opinion on each case brought before the Court. This practice of separate opinions diluted the forcefulness of decisions. Deciding which opinion had more weight was difficult to assess, as was interpreting the meaning of subtle differences in concurring opinions. Too many judicial voices left a confused and weak legacy.
John Marshall, who served as chief justice from 1801 to 1835, helped the Court move toward a more American way of behavior. Marshall set an example by wearing a simple black robe in the fashion of the judges of the Virginia Court of Appeals. He also saw that the power of the Court...