Formation of the Union, 1750-1829Hart, Albert Bushnell
History
Formation of the Union, 1750-1829
Hart, Albert Bushnell
United States -- History; United States -- Politics and government
The legislation of 1815 and 1816 showed to the Court that its view of the
Constitution was accepted by the people; and it now began a series of
great constitutional decisions, which put on record as legal precedents
the doctrines of implied powers and of national sovereignty. In the great
cases of Martin _vs._ Hunter's Lessee, and Cohens _vs._ Virginia, in 1816
and 1821, it asserted the right of the Supreme Court to take cases on
appeal from the State courts, and thus to make itself the final tribunal
in constitutional questions. At about the same time, in two famous cases,
McCullough _vs._ Maryland in 1819, and Osborn et al. _vs._ Bank of the
United States in 1824, the doctrine of implied powers was stated in the
most definite manner. Both cases arose out of the attempt of States to tax
the United States Bank, and the final issue was the power of Congress to
charter such a bank. The doctrine laid down by Hamilton in 1791 (§ 78) was
reaffirmed in most positive terms. "A national bank," said Marshall, "is
an appropriate means to carry out some of the implied powers, a usual and
convenient agent.... Let the end be within the scope of the Constitution,
and all means which are ... plainly adapted to that end, which are not
prohibited,... but consistent with the letter and spirit of the
Constitution, are constitutional." Although the tariff act was not tested
by a specific case, the spirit of the decision reached it also.
[Sidenote: State powers limited.]
[Sidenote: Impairment of contracts.]
Having thus asserted the authority of the nation on one side, the Court
proceeded to draw the boundary of the powers of the States on the other
side. In a question arising out of grants of land by the Georgia
legislature in the Yazoo district, it had been claimed that any such grant
could be withdrawn by a subsequent legislature. The Court held in Fletcher
_vs._ Peck, in 1810, that such a withdrawal was in contravention of
the constitutional clause which forbade the States to impair the
obligation of contracts. In 1819, in the celebrated case of Dartmouth
College _vs._ Woodward, this principle was pushed to an unexpected
conclusion. The legislature of New Hampshire had passed an act modifying a
charter granted in colonial times to Dartmouth College. Webster, as
counsel for the Board of Trustees which had thus been dispossessed,
pleaded that a charter granted to a corporation was a contract which could
not be altered without its consent. Much indirect argument was brought to
bear upon Marshall, and eventually the Court held that private charters
were contracts. The effect of this decision was to diminish the power and
prestige of the State governments; but the general sentiment of the
country sustained it. So united did all factions now seem in one theory of
national existence that in the election of 1820 Monroe received every vote
but one.
126. THE SLAVERY QUESTION REVIVED (1815-1820).
[Sidenote: Silent growth of slavery.]
Public-domain text, read in full here on John Shaqi.
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