History of the United StatesBeard, Charles A. (Charles Austin)
History
History of the United States
Beard, Charles A. (Charles Austin)
United States -- History
=Acts of State Legislatures Declared Unconstitutional.=--Had Marshall
stopped with annulling an act of Congress, he would have heard less
criticism from Republican quarters; but, with the same firmness, he set
aside acts of state legislatures as well, whenever, in his opinion, they
violated the federal Constitution. In 1810, in the case of Fletcher
_vs._ Peck, he annulled an act of the Georgia legislature, informing the
state that it was not sovereign, but "a part of a large empire, ... a
member of the American union; and that union has a constitution ...
which imposes limits to the legislatures of the several states." In the
case of McCulloch _vs._ Maryland, decided in 1819, he declared void an
act of the Maryland legislature designed to paralyze the branches of the
United States Bank established in that state. In the same year, in the
still more memorable Dartmouth College case, he annulled an act of the
New Hampshire legislature which infringed upon the charter received by
the college from King George long before. That charter, he declared, was
a contract between the state and the college, which the legislature
under the federal Constitution could not impair. Two years later he
stirred the wrath of Virginia by summoning her to the bar of the Supreme
Court to answer in a case in which the validity of one of her laws was
involved and then justified his action in a powerful opinion rendered in
the case of Cohens _vs._ Virginia.
All these decisions aroused the legislatures of the states. They passed
sheaves of resolutions protesting and condemning; but Marshall never
turned and never stayed. The Constitution of the United States, he
fairly thundered at them, is the supreme law of the land; the Supreme
Court is the proper tribunal to pass finally upon the validity of the
laws of the states; and "those sovereignties," far from possessing the
right of review and nullification, are irrevocably bound by the
decisions of that Court. This was strong medicine for the authors of the
Kentucky and Virginia Resolutions and for the members of the Hartford
convention; but they had to take it.
Public-domain text, read in full here on John Shaqi.
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