Smith Thompson

Details

Birth

January 17, 1768 · Duchess County, New York

Death

December 18, 1843

Law school

princeton university; read law (Kent, James)

Prior experience

U.s. supreme court justice (recess)

Biography

Smith Thompson (January 17, 1768 – December 18, 1843) was an Associate Justice of the United States Supreme Court from 1823 to 1843. Born in Amenia, New York, Thompson graduated from Princeton College in 1788 and subsequently studied law before establishing a practice in Troy, New York. He served in the New York State Legislature and as a judge on the New York Supreme Court from 1802 to 1818, where he gained recognition for his legal acumen and administrative capabilities. In 1818, President James Monroe appointed him Secretary of the Navy, a position he held until his elevation to the Supreme Court. Thompson was nominated to the Supreme Court by President Monroe in 1823 following the death of Justice Brockholst Livingston. During his twenty-year tenure, Thompson generally aligned with states' rights positions and frequently dissented from Chief Justice John Marshall's nationalist interpretations. His most significant opinion came in Cherokee Nation v. Georgia (1831), where he dissented from the majority's refusal to hear the case, arguing that the Cherokee Nation constituted a foreign state entitled to Supreme Court jurisdiction under the Constitution. Thompson also wrote important decisions regarding maritime law and commercial regulations. In 1828, he unsuccessfully sought the Democratic nomination for President of the United States while serving on the Court. Thompson's judicial philosophy emphasized strict constitutional construction and protection of individual rights against federal overreach. His legacy rests primarily on his defense of Native American sovereignty and his consistent advocacy for limiting federal power in favor of state authority, positions that often placed him at odds with the Marshall Court's centralizing tendencies.

Notable opinions

• Cherokee Nation v. Georgia
• Swift v. Tyson