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
¹ By the Articles of Confederation Congress itself was made "the last
resort of all disputes and differences ... between two or more States
concerning boundary, jurisdiction, or any other cause whatever." It was
also authorized to appoint "courts for the trial of piracies and
felonies committed on the high seas" and "for receiving and determining
finally appeals in all cases of capture." But even before the Articles
had gone into operation, Congress had, as early as 1779, established a
tribunal for such appeals, the old Court of Appeals in Cases of Capture.
Thus at the very outset, and at a time when the doctrine of state
sovereignty was dominant, the practice of appeals from state courts to a
supreme national tribunal was employed, albeit within a restricted
sphere. Yet it is less easy to admit that the Court of Appeals was, as
has been contended by one distinguished authority, "not simply the
predecessor but one of the origins of the Supreme Court of the United
States." The Supreme Court is the creation of the Constitution itself;
it is the final interpreter of the law in every field of national power;
and its decrees are carried into effect by the force and authority of
the Government of which it is one of the three coördinate branches. That
earlier tribunal, the Court of Appeals in Cases of Capture, was, on the
other hand, a purely legislative creation; its jurisdiction was confined
to a single field, and that of importance only in time of war; and the
enforcement of its decisions rested with the state governments.
In the Federal Convention of 1787 the idea of state coercion required
little discussion; for the members were soon convinced that it involved
an impracticable, illogical, and unjust principle. The prevailing view
was voiced by Oliver Ellsworth before the Connecticut ratifying
convention: "We see how necessary for Union is a coercive principle. No
man pretends to the contrary.... The only question is, shall it be a
coercion of law or a coercion of arms? There is no other possible
alternative. Where will those who oppose a coercion of law come out? ...
A necessary consequence of their principles is a war of the States one
against the other. I am for coercion by law, that coercion which acts
only upon delinquent individuals." If anything, these words somewhat
exaggerate the immunity of the States from direct control by the
National Government, for, as James Madison pointed out in the
Federalist, "in several cases ... they [the States] must be viewed and
proceeded against in their collective capacities." Yet Ellsworth stated
correctly the controlling principle of the new government: it was to
operate upon individuals through laws interpreted and enforced by its
own courts.
Public-domain text, read in full here on John Shaqi.
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