TheMarshall Court refers to theSupreme Court of the United States from 1801 to 1835, whenJohn Marshall served as the fourthChief Justice of the United States. Marshall served as Chief Justice until his death, at which pointRoger Taney took office. The Marshall Court played a major role in increasing the power of the judicial branch, as well as the power of the national government.[1]
The Marshall Court began in 1801, when PresidentJohn Adams appointedSecretary of State John Marshall to replace the retiringOliver Ellsworth. Marshall was nominated after former Chief JusticeJohn Jay refused the position; many in Adams's party advocated the elevation of Associate JusticeWilliam Paterson, but Adams refused to nominate someone close to his intra-party rival,Alexander Hamilton.[2]
The Marshall Court began with Marshall and five Associate Justices from the Ellsworth Court:William Cushing, William Paterson,Samuel Chase,Bushrod Washington, andAlfred Moore. PresidentThomas Jefferson appointedWilliam Johnson to replace Moore after Moore resigned in 1804. In 1807, Jefferson appointed two more justices, as Paterson died and Congress added a new seat for an Associate Justice. Jefferson successfully nominatedHenry Brockholst Livingston andThomas Todd. PresidentJames Madison appointedGabriel Duvall andJoseph Story in 1811 and 1812, replacing Cushing and Chase. Madison had nominatedAlexander Wolcott to replace Cushing, but the Senate voted him down. PresidentJames Monroe appointedSmith Thompson to succeed Livingston in 1823. PresidentJohn Quincy Adams successfully nominatedRobert Trimble to replace Todd in 1826. Trimble died in 1828, and Adams's nomination ofJohn J. Crittenden was blocked by the Senate. Instead, Trimble was succeeded byJohn McLean, who was appointed byAndrew Jackson. In 1830, Jackson appointedHenry Baldwin to replace Washington, and in 1834, Jackson appointedJames Moore Wayne to replace Johnson. In 1835, Jackson nominatedRoger Taney to succeed the retiring Duvall, but the nomination was denied by the Senate. Marshall died in 1835, and Taney was instead nominated to replace Marshall as Chief Justice. Taney was confirmed in 1836, beginning theTaney Court.
Marshall took office during the final months of John Adams's presidency. His appointment entrenched Federalist power within the judiciary. TheJudiciary Act of 1801 also established several new court positions that were filled by President Adams, but the act waslargely repealed after theDemocratic-Republicans took control of the government in the1800 elections. Regardless, Marshall was the last justice appointed by a president of theFederalist Party, and the last justice appointed by a president who was not a member of the Democratic-Republicans orDemocratic Party until the 1840s. Although Democratic-Republicans had appointed a majority of the justices after 1811, Marshall's philosophy of a relatively strong national government continued to guide the decisions of the Supreme Court until his death.[3] The Democratic-Republicans attempted to impeach Justice Chase for overtly campaigning forJohn Adams's re-election, possibly impeding the independence of the Supreme Court, but the attempt failed after defections from within the party.[4] Marshall's philosophy differed dramatically from that of some of his contemporaries outside the court, includingSpencer Roane, who wrote a series of essays arguing that state courts should have the final say in most matters.[5] Marshall's domination of the courts ensured that the federal government would retain relatively strong powers, despite the political domination of Jeffersonians after 1800.[6] Marshall's opinions also helped to reinforce the independent power of the Supreme Court as a check on Congress,[7] and laid some of the philosophical foundations of theWhig Party, which arose in the 1830s.[8] Due to the Marshall Court's many accomplishments, President Adams referred to his appointment of Marshall as the "proudest act of his life."[7]
The Marshall Court issued several major rulings during its tenure, including:[9]
Marbury v. Madison (1803): In a unanimous opinion written by Chief Justice Marshall, the court struck down Section 13 of theJudiciary Act of 1789, since it extended the court's original jurisdiction beyond what was established in Article III of theUnited States Constitution. In so doing, the court held that a law written by Congress was unconstitutional, firmly establishing the Supreme Court's power ofjudicial review. Although judicial review had a long history in American and British thought,Marbury was nonetheless extremely important for establishing the Supreme Court's independence and ability to strike down laws of Congress that it deemed unconstitutional.[10]
Fletcher v. Peck (1810): In an opinion written by Chief Justice Marshall, the court held that the state of Georgia had violated theContract Clause by voiding land grants in theYazoo lands that had been influenced by bribery. The case marked the first time that the court struck down a state law as unconstitutional.[11]
Martin v. Hunter's Lessee (1817): In an opinion written by Justice Story, the court held that it had held appellate power over state courts in regards to the United States Constitution and federal laws and treaties. The Supreme Court would again uphold this principle inCohens v. Virginia (1821).[12]
McCulloch v. Maryland (1819): In a unanimous opinion written by Chief Justice Marshall, the court held that the state of Maryland had no power to tax a federal bank (theSecond Bank of the United States) operating in Maryland. In so doing, the court upheld Congress's ability to establish the bank, taking a relatively broad view of theNecessary and Proper Clause.[13]
Dartmouth College v. Woodward (1819): In an opinion written by Chief Justice Marshall (with several concurring opinions), the court invalidated New Hampshire's attempts to alterDartmouth College's charter. The court held that theContract Clause protectscorporations from having contracts interfered with by the states.
Johnson v. McIntosh (1823): In an opinion written by Chief Justice Marshall, the court held that private parties could not validly purchase land fromNative Americans.
Gibbons v. Ogden (1824): In an opinion written by Chief Justice Marshall, the court struck down a New York law that had granted a monopoly on steamship operation in the state of New York. In its decision, the court upheld Congress's ability to regulate commerce under theCommerce Clause.[14]
Worcester v. Georgia (1832): In an opinion written by Chief Justice Marshall, the court voided the state of Georgia's conviction ofSamuel Worcester and held that states have no authority to deal withNative American tribes. However, PresidentAndrew Jackson refused to enforce the court's prohibition against Georgia's interference inCherokee affairs.
Barron v. Baltimore (1833): In a unanimous opinion written by Chief Justice Marshall, the court held that theBill of Rights does not apply to the actions of state governments. The decision would later be largely overruled by the ratification of theFourteenth Amendment and subsequent Supreme Court decisions.
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Klarman, Michael J. (2001). "How Great Were the "Great" Marshall Court Decisions?".Virginia Law Review.87 (6):1111–1184.doi:10.2307/1073950.JSTOR1073950.
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White, G. Edward (1984). "The Working Life of the Marshall Court, 1815-1835".Virginia Law Review.70 (1):1–52.doi:10.2307/1072823.JSTOR1072823.
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McClellan, James (1990).Joseph Story and the American Constitution: A Study in Political and Legal Thought with Selected Writings. University of Oklahoma Press.ISBN978-0806109718.
Newmyer, R. Kent (2001).John Marshall and the Heroic Age of the Supreme Court. LSU Press.ISBN9780807127018.
Abraham, Henry Julian (2008).Justices, Presidents, and Senators: A History of the U.S. Supreme Court Appointments from Washington to Bush II. Rowman & Littlefield.ISBN9780742558953.
Hall, Kermit L.; Ely, James W. Jr.; Grossman, Joel B., eds. (2005).The Oxford Companion to the Supreme Court of the United States (2nd ed.). Oxford University Press.ISBN9780195176612.
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