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
Marshall pronounced the Fulton-Livingston monopoly inoperative so far as
it concerned vessels enrolled under the Act of Congress to engage in the
coasting trade; but in arriving at this very simple result his opinion
takes the broadest possible range. At the very outset Marshall flatly
contradicts Kent's proposition that the powers of the General
Government, as representing a grant by sovereignties, must be strictly
construed. The Constitution, says he, "contains an enumeration of powers
expressly granted by the people to their government," and there is not a
word in it which lends any countenance to the idea that these powers
should be strictly interpreted. As men whose intentions required no
concealment, those who framed and adopted the Constitution "must be
understood to have employed words in their natural sense and to have
intended what they said"; but if, from the inherent imperfection of
language, doubts were at any time to arise "respecting the extent of any
given power," then the known purposes of the instrument should control
the construction put on its phraseology. "The grant does not convey
power which might be beneficial to the grantor if retained by himself
... but is an investment of power for the general advantage in the hands
of agents selected for the purpose, which power can never be exercised
by the people themselves, but must be placed in the hands of agents or
remain dormant." In no other of his opinions did Marshall so clearly
bring out the logical connection between the principle of liberal
construction of the Constitution and the doctrine that it is an
ordinance of the American people.
Public-domain text, read in full here on John Shaqi.
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