John Marshall

<h1>Text Preview</h1> <p> <P>Despite the growing division over the issue of slavery in America, Chief Justice John Marshall and the Supreme Court worked to reinforce the feelings of nationalism that developed after the War of 1812. Marshall was a Revolutionary War survivor, and his experience led to strong feelings of national loyalty. Although he had six colleagues on the Supreme Court, Marshall’s position as Chief Justice—along with his personality, logic, and forcefulness—resulted in many rulings that reflected his personal view of the Constitution and his belief in a powerful central government.<BR></P> </p> <p> <P>During Marshall’s 34 years on the bench, many important cases were considered by the Court. Several of the most famous cases involved three major principles: contract rights protection, the supremacy of federal legislation over the laws of the states, and regulation of interstate commerce. <BR></P> <P>In 1810, the contract rights case of <I>Fletcher v. Peck</I> came before the Supreme Court. Members of the Georgia legislature were bribed in 1795 to sell 35 million acres in Mississippi for a small amount to private speculators. The following year, a new Georgia legislature rescinded the sale. The case was taken to the Supreme Court, and Marshall, speaking for the Court, ruled that the original sale was a legal contract—regardless of whether or not it was fraudulent—and therefore protected by the Constitution. The ruling was historically significant because it protected property rights against popular pressures, and it also clearly asserted the Supreme Court’s right to invalidate state laws that conflicted with the Constitution.<BR></P> </p> <p> <P>In the case of <I>Dartmouth College v. Woodward</I> (1819), the state of New Hampshire tried to alter the college’s charter, which had been granted in 1769 by King George III. A New Hampshire court ruled that Dartmouth was to be changed from a private to a public institution. Dartmouth appealed the case to the Supreme Court, where Marshall ruled that the original charter must stand because it was a contract and could not be altered or canceled without consent of both parties. <BR></P> <P>The Marshall Court ruled that the Constitution protected contracts against state encroachments. The significance of Marshall’s ruling was far reaching because it effectively safeguarded private corporations from domination by the states’ governments. Unfortunately, the case also set the precedent for giving corporations the ability to skirt governmental controls. Once the states became aware of this dilemma, they generally wrote into charters the ability to make changes so that it was part of the contract. <BR></P> </p> <p> <P>A case in which the Marshall court upheld the power of the federal court over that of the states was the 1816 case of <I>Martin v. Hunter’s Lessee</I>. The state of Virginia confiscated land owned by a British Loyalist named Denny Martin Fairfax. Virginia granted David Hunter 800 acres of the confiscated lands, and Fairfax brought suit against Hunter for return of the land. The Treaty of Paris (1794) and Jay’s Treaty (1795) seemed to make it clear that Fairfax was the rightful owner of the property, but the Virginia court upheld the grant to Hunter. <BR></P> <P>The Supreme Court and Justice Marshall overruled the Virginia court, declaring that the land belonged to Fairfax and voided the grant to Hunter. The Court’s ruling rejected “compact theory,” the idea that the states were equally sovereign to the federal government. This ruling was significant because it enforced the rights of the Supreme Court, which held appellate jurisdiction over state courts. Thus, Marshall’s ruling upheld the Supremacy Clause of the Constitution. <BR></P> </p> <p> <P><I>McCulloch v. Maryland</I> (1819) is often considered John Marshall’s single most important interpretation of the Constitution, because it dealt with the division of power between the federal government and the states. The state of Maryland, in order to protect its local banks, placed an annual tax on the Bank of the United States and other “foreign” banks. The Maryland branch of the Bank of the United States refused to pay, and Maryland brought suit against the chief bank employee, called the “head cashier,” John W. McCulloch. <BR></P> <P>Marshall upheld the constitutionality of the Bank of the United States, using Hamilton’s bank message of 1791 to support his position. He argued that the Bank’s legality was implied in many of the powers specifically granted to Congress. Since the bank was legal, the Maryland tax was unconstitutional, for “the power to tax involves the power to destroy,” which was exactly what many states had in mind with respect to the Bank. The Marshall Court’s ruling in favor of McCulloch used a “loose” interpretation of the Constitution and, with the ruling, strengthened federal authority and the implied powers of Congress. <BR></P> </p> <p> <P>Two years later in the case of <I>Cohens v. Virginia</I> (1821), Marshall once again defended the power of the federal government. The Cohen brothers were illegally selling lottery tickets in the state of Virginia, and the state authorities tried and convicted them. The brothers appealed to the Supreme Court, and Marshall upheld Virginia’s right to forbid the sale of lottery tickets. The case reaffirmed the Supreme Court’s right to review all state court judgements in cases involving the Constitution or powers of the federal government.<BR></P> </p> <p> <P>In 1824, Marshall handed down his last great decision in <I>Gibbons v. Ogden</I>, the “steamboat case,” which involved the regulation of interstate commerce. In 1808, Robert Fulton and Robert Livingston pioneered commercial use of the steamboat and held a monopoly of steamboat navigation on the Hudson in New York. In 1815, Aaron Ogden purchased exclusive rights to operate a ferry between New York and New Jersey. When Thomas Gibbons, who held a federal trade license, set up a competing line, Ogden sued him. <BR></P> </p> <p> <P>The case was presented to the Supreme Court, where Marshall decided in favor of Gibbons, destroying Fulton’s and Livingston’s monopoly and reminding New York that Congress alone controlled interstate commerce. Marshall’s decision once again checked the power of the states and upheld the sovereign power of the federal government. <BR></P> <P>Many of Marshall’s decisions while on the bench aided the economic development of the United States and created a nationally uniform environment for business. Marshall’s landmark decisions also confirmed the Supreme Court’s power of judicial review and firmly established the Judiciary as the most powerful branch of the federal government. In a broader sense, his decisions acknowledged the idea of judicial limitation on legislative powers and made the Supreme Court a vital part of America’s system of government. <BR></P> </p> <p id="TextCopyright">Copyright 2006 The Regents of the University of California and Monterey Institute for Technology and Education</p>