NATIONALISM AND THE MARSHALL COURT

JOHN MARSHALL

Revolutionary War/Washington’s aide—Adams’ secretary of State/Adams’ appointee—Federalist Chief Justice Supreme Court (1801-1835)—dominated Court/opinion writing—master of debate and reasoning—used “reductio ad absurdum”—often changed Republican judges to “nationalists”—common man appearance—no legalese (or legal training)—dissenting opinion once in 1006 decisions.

POLITICAL TEMPERAMENT

Loose interpretation/implied powers/judicial review/enforcement of “national supremacy clause” (Article VI)

MOTIVES

Promote nationalism in spite of:

  • Revolution of 1800/decline of Federalists
  • rise of Jeffersonian democracy/Virginia dynasty/secular democracy
  • strengthen the federal government at the expense of state legislatures
  • strengthen the Court at the expense of Congress/ presidency
  • advance the interests of the propertied/commercial class:
  • protect free enterprise from state control
  • protect the sanctity of contracts
  • promote industrialization and economic growth

MAJOR DECISIONS

MARBURY v. MADISON (1803)

Issue:

One of Adams’ midnight judges (Marbury) sued for a writ of mandamus (Judiciary Act 1789) forcing Madison (Jefferson’s Secretary of State) to deliver his federal judicial appointment

Ruling:

Jefferson should have ordered Madison to deliver the appointment. Also—writ of mandamus is unconstitutional. Thus, no appointment for Marbury

Result:

Court decides constitutionality/Marbury loses appointment/Jefferson reprimanded for not fulfilling his duty

Precedent:

Judicial review/Court power to review the acts of Congress and the President for constitutionality established—respectability/power of the Supreme Court established

Court Power:

Co-equal with the other two branches/judicial review

FLETCHER v. PECK (1810)

Issue:

Yazoo Land Co./Georgia repeals land grant of previous (corrupt) legislature

Ruling:

Land grants are contracts/states may not impair the obligations of a contract

Result:

Georgia may not repeal Yazoo land grant/Court seen as supporting corrupt money interests

Precedent:

Sanctity of contracts protected/power of the court to overrule decisions of a state legislature when in conflict with the Constitution or federal laws/treaties

Court Power:

Judicial review of state laws—enforcement of “national supremacy clause”

DARTMOUTHCOLLEGE v. WOODWARD (1819)

Issue:

State legislature attempts to create a public college out of a private college established under a royal charter from George III (1769)—Webster argues case for Dartmouth

Ruling:

Charters are legal contracts, therefore inviolable

Result:

Dartmouth remains a private institution/Court seen as protecting the interests of elites

Precedent:

Loose interpretation of “contract”/power of the Court to override a state court decision

Court Power:

Judicial review of state court decisions/protection of private charters by federal government (reaffirmed in COHENS v. VIRGINIA, 1821)/Marshall argues that states are no longer sovereign having given up certain powers/rights when ratifying Constitution

MCCULLOCH v. MARYLAND (1819)

Issue:

Southern/Western states seek to destroy/limit the power of National Bank—Maryland seeks to tax bank business/destroy bank

Ruling:

Bank constitutional/necessary and proper clause/”power to tax is the power to destroy”

Result:

Constitutionality of Bank upheld/state tax of federal agency unconstitutional/Court very unpopular in South/West (Panic of 1819)

Precedent:

Loose interpretation of necessary and proper clause upheld/state cannot tax a federal institution

Court Power:

Judicial review of state power to tax

GIBBONS v. OGDEN (1824)

Issue:

New York gives Ogden a monopoly over Hudson River ferrying/federal Congress gives Gibbons license to ferry same/N. Y. Court rules Gibbons in violation of state law

Ruling:

“Navigation” is interstate commerce/state monopolies over interstate commerce null and void

Result:

Free enterprise promoted/state power to grant monopolies limited/popular Court decision makes Republican attacks against Court cease

Precedent:

Federal supremacy over interstate commerce enforced/loose interpretation of “commerce” established (transportation is commerce)

Court Power:

Federal government will regulate interstate commerce