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 _Dartmouth College case_[1] the doctrine of the inviolability of
contracts against attack by state legislation was further developed. An
act of the state legislature of New Hampshire had sought to alter the
charter of Dartmouth College, and the New Hampshire courts had upheld
the legislature. The Supreme Court reversed the state court and declared
the statute unconstitutional under the clause of the Constitution which
declares that no state shall make any law impairing the obligation of
contracts.
[Footnote 1: _Dartmouth College v. Woodward_, 4 Wheat., 518 (1819).]
In the great case of _Gibbons v. Ogden_[1] the Court asserted the
paramount jurisdiction of the National Government over interstate
commerce. This was one of the most important and far-reaching of all
Marshall's decisions. An injunction had been granted by Chancellor Kent
and unanimously sustained by the Court of Errors of New York,
restraining Gibbons from navigating the Hudson River by steamboats
licensed by Congress for the coasting trade on the ground that he was
thereby infringing the exclusive right, granted by the legislature of
New York, to Robert R. Livingston and Robert Fulton to navigate the
waters of the state with vessels moved by steam. The Supreme Court
reversed the state courts and held the New York legislation void as an
interference with the right of Congress, under the Constitution, to
regulate interstate commerce.
[Footnote 1: 9 Wheat., 1 (1824).]
These were only a few of that series of great decisions which stand out
like mountain peaks on the horizon of our national life. Marshall's
judgments transformed a governmental experiment into something assured
and permanent. They confirmed the national supremacy and made the
Constitution workable.
Marshall is known to history for his work in vindicating the national
power under the Constitution. That was the need in his day and he met it
with superlative wisdom and skill. It would be a mistake, however, to
suppose that he favored federal encroachment upon the powers reserved to
the states. On the contrary, he rendered decisions in favor of state
rights which would be notable were they not overshadowed by the greater
fame of the decisions which went to the building of the nation.
Public-domain text, read in full here on John Shaqi.
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