The only case in this series not decided by the Supreme Court, this John Marshall decision was handed down in Federal Circuit Court in Richmond, Virginia, in 1807. Once again, it placed the Chief Justice of the Supreme Court in direct opposition to President Thomas Jefferson. Former Vice President Aaron Burr was being tried for treason; although the evidence against Burr was tenuous, Jefferson, in an address to Congress, had declared him guilty. The three-way struggle between Marshall, Jefferson, and Burr produced dramatic results: a precedent was set for limiting executive privilege; the right of unpopular defendants to a fair trial was established; the constitutional definition of treason was upheld; and Chief Justice Marshall was hanged in effigy. This is the first of a three-part program. (30 minutes)