Our Changing ConstitutionPierson, Charles W. (Charles Wheeler)
History
Our Changing Constitution
Pierson, Charles W. (Charles Wheeler)
Constitutional history -- United States; United States -- Politics and government
In the annals of the Supreme Court and the development of American
constitutional law the name of John Marshall stands preëminent. He was
appointed Chief Justice by President John Adams, and took his seat on
the Bench at the beginning of the new century (February 4, 1801). He was
without judicial experience, but his record in other fields of activity
and his well-known Federalist principles pointed him out as a man to be
reckoned with and explain the aversion with which he was viewed by
Thomas Jefferson, the incoming President. The breach between the
President and the Chief Justice was widened by some of the early
decisions of the latter upholding the supremacy of the National
Government and the powers of the Supreme Court, notably the famous case
of _Marbury v. Madison_,[1] in which was asserted the power of the Court
to declare an act of Congress void as in conflict with the Constitution.
Some years elapsed, however, before a case was decided which squarely
involved a conflict between the powers of the Federal Government and the
powers of a state. The issue came up in the case of _United States v.
Judge Peters_.[2] This case involved a conflict of jurisdiction between
the federal courts and the authorities of the State of Pennsylvania over
the distribution of some prize money. Marshall's decision was a strong
assertion of the federal jurisdiction and power. The Governor of
Pennsylvania, under sanction of the state legislature, called out the
state militia to resist enforcement of the judgment of the Court.
Matters were tense for a time and bloodshed seemed imminent but the
state finally backed down.
[Footnote 1: 1 Cranch, 137.]
[Footnote 2: 5 Cranch, 115, decided in 1809.]
In the following year (1810) came the case of _Fletcher v. Peck_,[1] in
which for the first time a statute of a state was held by the Supreme
Court to be void as repugnant to the Federal Constitution. The State of
Georgia had sought by statute to destroy rights in lands acquired under
a previous act. It was held that the statute was unconstitutional as
impairing the obligation of contracts within the meaning of the
Constitution.
[Footnote 1: 6 Cranch, 87.]
In _Martin v. Hunter's Lessee_[1] was asserted the right of the Federal
Supreme Court to overrule the judgment of a state court on questions
arising under the Federal Constitution. The State of Virginia had denied
that right and the Supreme Court reversed the judgment of the Virginia
Court of Appeals.
[Footnote 1: 1 Wheat., 304 (1816.)]
In _McCulloch v. State of Maryland_,[1] a case involving an attempt by
the State of Maryland to tax the Bank of the United States, Marshall's
doctrine of implied powers was elaborated, and the judgment of the state
court upholding the tax was reversed.
[Footnote 1: 4 Wheat., 316 (1819).]
Public-domain text, read in full here on John Shaqi.
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