John Marshall and the Constitution, a Chronicle of the Supreme CourtCorwin, Edward Samuel
History
John Marshall and the Constitution, a Chronicle of the Supreme Court
Corwin, Edward Samuel
Constitutional history -- United States; Marshall, John, 1755-1835; United States. Supreme Court
In the course of the next few years the Court, speaking usually through
the Chief Justice, decided several cases on principles favoring local
interest, sometimes indeed curtailing the operation of previously
established principles. For example, the Court held that, in the absence
of specific legislation by Congress to the contrary, a State may erect a
dam across navigable waters of the United States for local purposes ¹;
that the mere grant of a charter to a corporation does not prevent the
State from taxing such corporation on its franchises, notwithstanding
that "the power to tax involves the power to destroy" ²; that the
Federal Courts have no right to set a state enactment aside on the
ground that it had divested vested rights, unless it had done so through
impairing the obligation of contracts ³; that the first eight Amendments
to the Constitution do not limit state power, but only Federal power 4;
that decisions adverse to state laws must have the concurrence of a
majority of the Court. 5
¹ Wilson vs. Blackbird Creek Marsh Company (1829), 2 Peters, 245.
² Providence Bank vs. Billings (1830), 4 Peters, 514.
³ Satterlee vs. Matthewson (1829), 2 Peters, 380; and Watson vs. Mercer
(1834), 8 Peters, 110.
4 Barron vs. Baltimore (1833), 7 Peters, 243.
5 See in this connection the Chief Justice's remarks in Briscoe vs. Bank
of Kentucky, 8 Peters, 118.
Despite all these concessions which he made to the rising spirit of the
times, Marshall found his last years to be among the most trying of his
chief justiceship. Jackson, who was now President, felt himself the
chosen organ of "the People's will" and was not disposed to regard as
binding anybody's interpretation of the Constitution except his own. The
West and Southwest, the pocket boroughs of the new Administration, were
now deep in land speculation and clamorous for financial expedients
which the Constitution banned. John Taylor of Caroline had just finished
his task of defining the principles of constitutional construction which
were requisite to convert the Union into a league of States and had laid
his work at the feet of Calhoun. Taylor was a candid man and frankly
owned the historical difficulties in the way of carrying out his
purpose; but Calhoun's less scrupulous dialectic swept aside every
obstacle that stood in the way of attributing to the States the
completest sovereignty.
Public-domain text, read in full here on John Shaqi.
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