On January 31 of 1801, lame-duck U.S. President John Adams appointed John Marshall Chief Justice of the Supreme Court. Such appointments often backfire; Eisenhower would later bitterly regret elevating Earl Warren to Marshall’s old job. And at the time it was largely seen through the partisan lens of Adams’ effort to stack the judiciary against his hated rival Thomas Jefferson. But it turned out to be one of the greatest appointments in American history.

Adams had originally offered the job to another leading member of what was fast becoming the Federalist party, John Jay. But Jay turned it down partly on the grounds that the Supreme Court had insufficient "energy, weight, and dignity." Which might sound like a weird thing to say given the importance of the judiciary in the American system of checks and balances. But it was in fact not clear in 1801 that the Court was an equal branch or that it could, in fact, invalidate statutes as unconstitutional.

It was Marshall himself, whose skilful and congenial guidance included changing the practice of each judge issuing his own opinion to the presentation of a majority or even unanimous consensus, who made the Court what it has been since. And the critical turning point was Marbury v Madison in 1803 in which a unanimous Court struck down portions of the Judiciary Act of 1789 as unconstitutional.

It was, interestingly, the only time in his 35 years as Chief Justice that the Marshall Court declared an Act of Congress unconstitutional. And it was one whose practical impact pleased the incumbent President and Congress even though they were Jeffersonian Republican foes of the Federalist Party, which probably helped it avoid becoming a focus for partisan wrangling. But however that may be, it was a crucial step in the evolution of the American system to the point that one prominent constitutional scholar declared that only when Marshall finished reading the court’s opinion in Marbury v Madison was the Grand Convention that wrote the Constitutional entirely adjourned.

As for John Adams, who spent a long and productive life in service of his country, he later said "My gift of John Marshall to the people of the United States was the proudest act of my life." It may also have been his most effective.

In my latest National Post column I argue that Justin Trudeau's recent refusal to answer an English question in English "since we're in Quebec" is neither an innocent mistake nor a harmless reflex.

With the 100th anniversary of Canada's great victory at Vimy Ridge fast approaching, I'm delighted to announce that the book version of my documentary The Great War Remembered is now available for purchase.

The First World War was the defining event of the 20th century, shaping the modern world in ways we still feel very strongly today. Modern technology and logistics created unprecedented slaughter, and partly as a result the long, bitter, bloody conflict undermined faith in Western civilization. But it was a necessary war and the Allies did win it, with pivotal contributions from Canada, which "found itself" in the war and especially at Vimy, not just as a nation, but as a free nation determined to defend liberty under law.

It is appropriate that we remember the costs of the war and lament the loss and the missed opportunities. But we should also remember, and celebrate, the determined spirit that stood up to aggression on behalf of a way of life well worth defending even at this terrible cost.

Order your copy today and take a timely, fresh look at an often misunderstood conflict central to the modern world.

p.s. American and international shoppers should purchase directly through Amazon.

p.p.s. We also have the Kindle version available, here.

"The hatchet was buried, but the handle was still visible." A news story about George W. Bush meeting with Bill Clinton in the Ottawa Citizen December 20, 2000

English weather is proverbially lousy partly because it’s so wet all the time. But January 16 of 1362 was especially bad, the onset of the Grote Mandrenke which if your low Saxon is in good working order will alarm you because it means the "Great Drowning of Men".

Also known as the "Second St. Marcellus Flood" because it peaked on his feast day, January 17, the Grote Mandrenke took at least 25,000 lives in the British Isles and northern Europe from Denmark to the Netherlands. A previous "First St. Marcellus flood" had hit in 1219, drowning some 36,000 people in northern Europe, which surely indicates that extreme weather did not begin when Al Gore hit middle-age.

In fact the Grote Mandrenke was the result of a massive southwesterly Atlantic gale that sent a storm side surging far inland, sweeping away islands, cutting off parts of the mainland and wiping entire towns off the map to the point that some cannot now be located even through archeology. And it was, as the "Second St. Marcellus flood" business indicates, far from unusual in that period.

Wikipedia notes blandly that "This storm tide, along with others of like size in the 13th century and 14th century, played a part in the formation of the Zuiderzee, and was characteristic of the unsettled and changeable weather in northern Europe at the beginning of the Little Ice Age." But hang on. Doesn’t that sound exactly like "climate change"? But hardly "man-made" or, if you like long words, "anthropogenic."

OK then. If drastic, menacing climate change has been clearly happening since long before humans invented factory mass production, and has been known to have been happening, it tells you what?

The politically correct answer is nothing. Everybody contemplating any issue other than the current panic knows climate has always varied, often suddenly and with dramatic consequences, and says it openly. Glaciers suddenly advance and suddenly retreat. The Earth warms and cools repeatedly. But never mind. Pay no attention. The science is settled. It’s all our fault.

Except the science is no more settled than the climate itself. The famous "Little Ice Age" itself, which brought the Middle Ages to something of a screeching halt and lasted into Victorian times, was not caused by humans. But nor logically then was its end, which set off the warming trend that persisted through most of the 20^th century. Indeed most of that warming awkwardly preceded the large increase in atmospheric CO2 to which it is attributed by those who do not believe that causes must precede effects for science, or life, to make any sense.

Blaming humans for unstable weather is about as rational as blaming St. Marcellus. Which people in the Middle Ages were too sensible to do, I might pointedly add.

"There are two kinds of people in politics: those who want to be somebody, and those who want to do something." An adage often cited by European Community founder Jean Monnet among others

"I hope I shall always possess firmness and virtue enough to maintain (what I consider the most enviable of all titles) the character of an honest man, as well as prove (what I desire to be considered in reality) that I am" George Washington, in a letter to Alexander Hamilton August 28, 1788

On this date, January 10, back in 49 B.C., Julius Caesar crossed the Rubicon, cast the die, and waded into an unending series of metaphors as well as a civil war that he won unless you count the bit where he was assassinated.

Especially in an era where cultural literacy is being lost, if not actively buried, it’s important to remember what crossing the Rubicon meant technically. The Rubicon is a shallow river in northeastern Italy, the crossing of which is not necessarily memorable as a rule. But (assuming the name has not wandered in the last 2000 years, which is a matter of some dispute) crossing it was a very big deal back in Caesar’s day because it was the frontier between the conquered Roman province of Cisalpine Gaul, and Italy proper. And while appointed governor held military authority ("imperium") in the provinces, only elected magistrates could do so within Italy itself given its proximity to Rome on which, just possibly, a man with soldiers under his command might suddenly march to seize power or some such.

For instance Julius Caesar. Caesar led his 13^th legion ("Gemina") into Italy for the specific purpose of seizing power. And when he did so, he uttered the once-famous phrase "alea iacta est" ("the die is cast") meaning he had gambled everything and it was now too late to turn back because for an appointed governor to bring soldiers into Italy was open revolt and a capital offence.

Generally speaking if we use the metaphor today with any concept of its meaning, we refer simply to a decisively bold act. But there is a bit more to it, and it is less unequivocally praiseworthy. The reason crossing into Italy, over the Rubicon or any other otherwise insignificant marker, was a capital offence was that it was an attack on established authority and moreover in Caesar’s day, as Rome was still a Republic albeit very rickety by that point, an attack on civilian rule by those meant to be defending it instead.

The crucial political problem, then, now and always, has been to create a government able to protect liberty without being able to threaten it. It is by no means a simple problem or it would have been solved more often including in Rome. But Caesar’s contribution was to shove it aside in favour of the question of which strongman should rule, whose answer is far simpler but far less satisfactory.

The main difficulty through history is that most governments have been too weak to sustain themselves against invasion or upheaval even when plenty strong enough to oppress their citizens in the average course of events. You could not solve the former problem by further strengthening it without making the latter even worse. And you could not solve the latter without making the former worse.

The Romans did better than a lot of people, sustaining a Republic for nearly five hundred years. It had its flaws, both in its internal law and in its tendency to expand without regard for the niceties of law or justice, although it was on the whole a great deal better than its rivals in foreign as in domestic policy. But it caromed between anarchy and tyranny until the latter finally prevailed decisively, alternating the two problems rather than finding a solution that transcended them.

Not until medieval parliaments, backed by an alert and armed citizenry, did a more stable and attractive solution emerge, one we still enjoy today although its foundations are showing worrisome cracks and signs of crumbling. And so when we recall that in crossing the Rubicon Caesar cast the die once and for all, we should recall not merely his admirable boldness and directness but also his understandable but regrettable determination to bury popular government which, after the conspirators buried him, did succeed in the persons of Augustus, Tiberius and on down through the imperial centuries.

Like a few other great conquerors, such as Alexander and Napoleon, Julius Caesar has always seemed to me to combine military genius and political adroitness with a curious vagueness about what it was all for. And while it takes nerve to cross the Rubicon and courage is in principle a virtue, it was not in Caesar’s case directed to a praiseworthy end.