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
versions of the Constitution will be promulgated to meet the varying
course of political events or aspirations of power."
¹ Milton vs. New York, 11 Peters, 102.
² Briscoe vs. Bank of Kentucky, 11 Peters, 257.
³ Charles River Bridge Company vs. Warren Bridge Company, 11 Peters,
420.
4 He wrote Justice McLean, May 10, 1837: "There will not, I fear, even
in our day, be any case in which a law of a State or of Congress will be
declared unconstitutional; for the old constitutional doctrines are fast
fading away." Life and Letters of Joseph Story, vol. II, p. 272; see
also p. 270, for Chancellor Kent's unfavorable reaction to these
decisions.
But the radical impulse soon spent itself. Chief Justice Taney himself
was a good deal of a conservative. While he regarded the Supreme Court
rather as an umpire between two sovereignties than as an organ of the
National Government for the vigorous assertion of its powers, which was
Marshall's point of view, Taney was not at all disposed to disturb the
law as it had been declared by his predecessor in binding decisions.
Then, too, the development of railroading and the beginning of
immigration from Europe on a large scale reawakened the interest of a
great part of the nation in keeping intercourse between the States
untrammeled by local selfishness; and in 1851 the Court, heeding the
spirit of compromise of the day, decisively accepted for the most
important category of cases Marshall's principle of the exclusive
control of interstate and foreign commerce by Congress. ¹
¹ Cooley vs. the Board of Wardens, 12 Howard, 299.
Still, until the eve of the Civil War, the theory of the Constitution
held by the great body of the people, North as well as South, was that
it was a compact of States. Then in December, 1860, South Carolina
announced her secession from the Union. Buchanan's message of the same
month performed the twofold service of refuting secession on State
Rights principles and of demonstrating, albeit unwittingly, how
impossible it was practically to combat the movement on the same
principles. Lincoln brought the North back to Marshall's position when
he remarked in his Inaugural Address: "Continue to execute all the
express provisions of our National Constitution, and the Union will
endure forever."
Public-domain text, read in full here on John Shaqi.
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