> why does marshal return an error? the only reason the marshal can return an error is that the input type is not marshalable

Not necessarily. Among other things, MarshalJSON methods called during marshaling can return an error for whatever reason the developer sees fit - one possibility that comes to mind is that part of the object tree being marshalled is lazily loaded, and failed to do so.

And, as others have mentioned, there are types like "any" whose marshalability can't be determined at compile time. Those types aren't necessarily at the top level, either; they could appear anywhere in the object tree.