Marshall Court
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The Marshall Court refers to the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. Federal tribunals in the United States, federal court cases, and over Stat ...
from 1801 to 1835, when
John Marshall John Marshall (September 24, 1755July 6, 1835) was an American politician and lawyer who served as the fourth Chief Justice of the United States from 1801 until his death in 1835. He remains the longest-serving chief justice and fourth-longes ...
served as the fourth Chief Justice of the United States. Marshall served as Chief Justice until his death, at which point
Roger Taney Roger Brooke Taney (; March 17, 1777 – October 12, 1864) was the fifth chief justice of the United States, holding that office from 1836 until his death in 1864. Although an opponent of slavery, believing it to be an evil practice, Taney belie ...
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.


Membership

The Marshall Court began in 1801, when President
John Adams John Adams (October 30, 1735 – July 4, 1826) was an American statesman, attorney, diplomat, writer, and Founding Fathers of the United States, Founding Father who served as the second president of the United States from 1797 to 1801. Befor ...
appointed Secretary of State John Marshall to replace the retiring Oliver Ellsworth. Marshall was nominated after former Chief Justice
John Jay John Jay (December 12, 1745 – May 17, 1829) was an American statesman, patriot, diplomat, abolitionist, signatory of the Treaty of Paris, and a Founding Father of the United States. He served as the second governor of New York and the f ...
refused the position; many in Adams's party advocated the elevation of Associate Justice William Paterson, but Adams refused to nominate someone close to his intra-party rival,
Alexander Hamilton Alexander Hamilton (January 11, 1755 or 1757July 12, 1804) was an American military officer, statesman, and Founding Father who served as the first United States secretary of the treasury from 1789 to 1795. Born out of wedlock in Charle ...
. The Marshall Court began with Marshall and five Associate Justices from the Ellsworth Court: William Cushing, William Paterson, Samuel Chase, Bushrod Washington, and Alfred Moore. President
Thomas Jefferson Thomas Jefferson (April 13, 1743 – July 4, 1826) was an American statesman, diplomat, lawyer, architect, philosopher, and Founding Fathers of the United States, Founding Father who served as the third president of the United States from 18 ...
appointed William 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 nominated Henry Brockholst Livingston and Thomas Todd. President
James Madison James Madison Jr. (March 16, 1751June 28, 1836) was an American statesman, diplomat, and Founding Father. He served as the fourth president of the United States from 1809 to 1817. Madison is hailed as the "Father of the Constitution" for h ...
appointed Gabriel Duvall and Joseph Story in 1811 and 1812, replacing Cushing and Chase. Madison had nominated
Alexander Wolcott Alexander Wolcott (September 15, 1758 – June 26, 1828) was a United States politician, customs inspector, and nominee to the Supreme Court of the United States. Nominated by James Madison in 1811, to replace the late William Cushing, he was rej ...
to replace Cushing, but the Senate voted him down. President James Monroe appointed Smith Thompson to succeed Livingston in 1823. President John Quincy Adams successfully nominated Robert Trimble to replace Todd in 1826. Trimble died in 1828, and Adams's nomination of John J. Crittenden was blocked by the Senate. Instead, Trimble was succeeded by John McLean, who was appointed by
Andrew Jackson Andrew Jackson (March 15, 1767 – June 8, 1845) was an American lawyer, planter, general, and statesman who served as the seventh president of the United States from 1829 to 1837. Before being elected to the presidency, he gained fame as ...
. In 1830, Jackson appointed Henry Baldwin to replace Washington, and in 1834, Jackson appointed James Moore Wayne to replace Johnson. In 1835, Jackson nominated
Roger Taney Roger Brooke Taney (; March 17, 1777 – October 12, 1864) was the fifth chief justice of the United States, holding that office from 1836 until his death in 1864. Although an opponent of slavery, believing it to be an evil practice, Taney belie ...
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 the
Taney Court The Taney Court refers to the Supreme Court of the United States from 1836 to 1864, when Roger Taney served as the fifth Chief Justice of the United States. Taney succeeded John Marshall as Chief Justice after Marshall's death in 1835. Taney ser ...
.


Timeline


Other branches

Presidents during this court included
John Adams John Adams (October 30, 1735 – July 4, 1826) was an American statesman, attorney, diplomat, writer, and Founding Fathers of the United States, Founding Father who served as the second president of the United States from 1797 to 1801. Befor ...
,
Thomas Jefferson Thomas Jefferson (April 13, 1743 – July 4, 1826) was an American statesman, diplomat, lawyer, architect, philosopher, and Founding Fathers of the United States, Founding Father who served as the third president of the United States from 18 ...
,
James Madison James Madison Jr. (March 16, 1751June 28, 1836) was an American statesman, diplomat, and Founding Father. He served as the fourth president of the United States from 1809 to 1817. Madison is hailed as the "Father of the Constitution" for h ...
, James Monroe, John Quincy Adams, and
Andrew Jackson Andrew Jackson (March 15, 1767 – June 8, 1845) was an American lawyer, planter, general, and statesman who served as the seventh president of the United States from 1829 to 1837. Before being elected to the presidency, he gained fame as ...
. Congresses during this court included
6th 6 (six) is the natural number following 5 and preceding 7. It is a composite number and the smallest perfect number. In mathematics Six is the smallest positive integer which is neither a square number nor a prime number; it is the second ...
through the 24th United States Congresses.


Political role

Marshall took office during the final months of John Adams's presidency, and his appointment entrenched Federalist power within the judiciary. The Judiciary Act of 1801 also established several new court positions that were filled by President Adams, but the act was largely repealed after the
Democratic-Republicans The Democratic-Republican Party, known at the time as the Republican Party and also referred to as the Jeffersonian Republican Party among other names, was an American political party founded by Thomas Jefferson and James Madison in the ear ...
took control of the government in the 1800 elections. Regardless, Marshall was the last justice appointed by a president of the
Federalist Party The Federalist Party was a conservative political party which was the first political party in the United States. As such, under Alexander Hamilton, it dominated the national government from 1789 to 1801. Defeated by the Jeffersonian Repu ...
, and the last justice appointed by a president who was not a member of the Democratic-Republicans or Democratic 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. The Democratic-Republicans attempted to impeach Justice Chase for overtly campaigning for
John Adams John Adams (October 30, 1735 – July 4, 1826) was an American statesman, attorney, diplomat, writer, and Founding Fathers of the United States, Founding Father who served as the second president of the United States from 1797 to 1801. Befor ...
's re-election, possibly impeding the independence of the Supreme Court, but the attempt failed after defections from within the party. Marshall's philosophy differed dramatically from that of some of his contemporaries outside the court, including Spencer Roane, who wrote a series of essays arguing that state courts should have the final say in most matters. Marshall's domination of the courts ensured that the federal government would retain relatively strong powers, despite the political domination of Jeffersonians after 1800. Marshall's opinions also helped to reinforce the independent power of the Supreme Court as a check on Congress, and laid some of the philosophical foundations of the Whig Party, which arose in the 1830s. Due to the Marshall Court's many accomplishments, President Adams referred to his appointment of Marshall as the "proudest act of his life."


Rulings of the Court

The Marshall Court issued several major rulings during its tenure, including: *'' Marbury v. Madison'' (1803): In a unanimous opinion written by Chief Justice Marshall, the court struck down Section 13 of the
Judiciary Act of 1789 The Judiciary Act of 1789 (ch. 20, ) was a United States federal statute enacted on September 24, 1789, during the first session of the First United States Congress. It established the federal judiciary of the United States. Article III, Sec ...
, since it extended the court's original jurisdiction beyond what was established in Article III of the
United States Constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...
. In so doing, the court held that a law written by Congress was unconstitutional, firmly establishing the Supreme Court's power of
judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
. 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. *''
Fletcher v. Peck ''Fletcher v. Peck'', 10 U.S. (6 Cranch) 87 (1810), was a landmark United States Supreme Court decision in which the Supreme Court first ruled a state law unconstitutional. The decision created a growing precedent for the sanctity of legal contra ...
'' (1810): In an opinion written by Chief Justice Marshall, the court held that the state of Georgia had violated the
Contract Clause Article I, Section 10, Clause 1 of the United States Constitution, known as the Contract Clause, imposes certain prohibitions on the states. These prohibitions are meant to protect individuals from intrusion by state governments and to kee ...
by voiding land grants in the Yazoo lands that had been influenced by bribery. The case marked the first time that the court struck down a state law as unconstitutional. *''
Martin v. Hunter's Lessee ''Martin v. Hunter's Lessee'', 14 U.S. (1 Wheat.) 304 (1816), was a landmark decision of the Supreme Court of the United States decided on March 20, 1816. It was the first case to assert ultimate Supreme Court authority over state courts in civil ...
'' (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 in '' Cohens v. Virginia'' (1821). *'' 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 (the Second 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 the
Necessary and Proper Clause The Necessary and Proper Clause, also known as the Elastic Clause, is a clause in Article I, Section 8 of the United States Constitution: Since the landmark decision '' McCulloch v. Maryland'', the US Supreme Court has ruled that this clause g ...
. *''
Dartmouth College v. Woodward ''Trustees of Dartmouth College v. Woodward'', 17 U.S. (4 Wheat.) 518 (1819), was a landmark decision in United States corporate law from the United States Supreme Court dealing with the application of the Contracts Clause of the United State ...
'' (1819): In an opinion written by Chief Justice Marshall (with several concurring opinions), the court invalidated New Hampshire's attempts to alter
Dartmouth College Dartmouth College (; ) is a private research university in Hanover, New Hampshire. Established in 1769 by Eleazar Wheelock, it is one of the nine colonial colleges chartered before the American Revolution. Although founded to educate Native ...
's charter. The court held that the
Contract Clause Article I, Section 10, Clause 1 of the United States Constitution, known as the Contract Clause, imposes certain prohibitions on the states. These prohibitions are meant to protect individuals from intrusion by state governments and to kee ...
protects
corporation A corporation is an organization—usually a group of people or a company—authorized by the state to act as a single entity (a legal entity recognized by private and public law "born out of statute"; a legal person in legal context) and ...
s from having contracts interfered with by the states. *''
Johnson v. M'Intosh ''Johnson v. M'Intosh'', 21 U.S. (7 Wheat.) 543 (1823), is a landmark decision of the U.S. Supreme Court that held that private citizens could not purchase lands from Native Americans. As the facts were recited by Chief Justice John Marshall, th ...
'' (1823): In an opinion written by Chief Justice Marshall, the court held that private parties could not validly purchase land from Native 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 the Commerce Clause.Schwartz, 47-49 *''
Worcester v. Georgia ''Worcester v. Georgia'', 31 U.S. (6 Pet.) 515 (1832), was a landmark case in which the United States Supreme Court vacated the conviction of Samuel Worcester and held that the Georgia criminal statute that prohibited non-Native Americans from bei ...
'' (1832): In an opinion written by Chief Justice Marshall, the court voided the state of Georgia's conviction of
Samuel Worcester Samuel Austin Worcester (January 19, 1798 – April 20, 1859), was an American missionary to the Cherokee, translator of the Bible, printer, and defender of the Cherokee sovereignty. He collaborated with Elias Boudinot (Cherokee) in Georgia ...
and held that states have no authority to deal with Native American tribes. However, President
Andrew Jackson Andrew Jackson (March 15, 1767 – June 8, 1845) was an American lawyer, planter, general, and statesman who served as the seventh president of the United States from 1829 to 1837. Before being elected to the presidency, he gained fame as ...
refused to enforce the court's prohibition against Georgia's interference in
Cherokee The Cherokee (; chr, ᎠᏂᏴᏫᏯᎢ, translit=Aniyvwiyaʔi or Anigiduwagi, or chr, ᏣᎳᎩ, links=no, translit=Tsalagi) are one of the indigenous peoples of the Southeastern Woodlands of the United States. Prior to the 18th century, th ...
affairs. *''
Barron v. Baltimore ''Barron v. Baltimore'', 32 U.S. (7 Pet.) 243 (1833), is a landmark United States Supreme Court case in 1833, which helped define the concept of federalism in US constitutional law. The Court ruled that the Bill of Rights did not apply to the stat ...
'' (1833): In a unanimous opinion written by Chief Justice Marshall, the court held that the Bill of Rights does not apply to the actions of state governments. The decision would later be largely overruled by the ratification of the Fourteenth Amendment and subsequent Supreme Court decisions. For a full list of decisions by the Marshall Court, see lists of United States Supreme Court cases by volume, volumes 5 through 34.


See also

* Aboriginal title in the Marshall Court *
Criminal law in the Marshall Court The Marshall Court (1801–1835) heard forty-one criminal law cases, slightly more than one per year. Among such cases are '' United States v. Simms'' (1803), ''United States v. More'' (1805), '' Ex parte Bollman'' (1807), '' United States ...


References


Further reading


Works centered on the Marshall Court

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Works centered on Marshall Court justices

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Other relevant works

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