Beacon Lights of History, Volume 11: American FoundersLord, John
History
Beacon Lights of History, Volume 11: American Founders
Lord, John
History; United States -- Biography
Mr. Justice Bradley declared that it might truly be said that "the
Constitution received its permanent and final form from judgments
rendered by the Supreme Court during the period in which Marshall was at
its head;" and that, "with a few modifications, superinduced by the
somewhat differing views on two or three points of his great successor,
and aside from the new questions growing out of the Civil War and the
recent constitutional amendments, the decisions made since Marshall's
time have been little more than the applications of principles
established by him and his venerated associates." To the rule that
Marshall's great constitutional opinions continue to be received as
authority, there are, however, a few exceptions, the chief of which is
that delivered in the Dartmouth College Case, the particular point of
which--that acts of incorporation constitute contracts which the State
legislatures can neither alter nor revoke--has been greatly limited by
later decisions, while its effect has been generally obviated by express
reservations of the right of amendment and repeal. With rare exceptions,
however, his constitutional opinions not only remain unshaken, but
continue to form the very warp and woof of the law, and "can scarcely
perish but with the memory of the Constitution itself." Nor should we,
in estimating his achievements, lose sight of the almost uncontested
ascendency which he exercised, in matters of constitutional law, over
the members of the tribunal in which he presided, in spite of what might
have been supposed to be their predilections. When constitutional
questions trench, as they often do, on the domain of statesmanship, it
is natural, especially where precedents are lacking, that judges should
divide upon them in accordance with the views of government maintained
by the political parties with which they previously acted; and after
1811, a majority of Marshall's associates on the bench held their
appointment from administrations of the party opposed to that to which
he had belonged. This circumstance, however, does not appear to have
disturbed the consistent and harmonious development of the system to
which he was devoted; and it was in the second half of his term of
service that many of the most important cases--such as McCulloch _v_.
Maryland, Cohens _v_. Virginia, and Gibbons _v_. Ogden, in which he
asserted the powers of national government--were decided.
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