In two notable cases, the Supreme Court affirmed the constitutionality
of the Judiciary Act of 1789 and asserted its authority to review and
reverse decisions of the state courts when those decisions were adverse
to alleged federal rights. The opinion in the first case, that of
_Martin_ v. _Hunter's Lessee_, in 1816, was written by Joseph Story, of
Massachusetts, who had been appointed to a vacancy on the bench by
President Madison. Story was reputed to be a Republican, but he
disappointed all expectations by becoming a stanch supporter of
nationalist doctrines and only second to Marshall in his influence upon
the development of American constitutional law.
The case of _Martin_ v. _Hunter's Lessee_ grew out of the old Fairfax
claims which Marshall had represented as counsel before his appointment
to the bench. In 1815, the Supreme Court had reversed the decision of
the Court of Appeals of Virginia, and ordered the state court to execute
the judgment rendered in the lower state court. The judges of the Court
of Appeals, headed by Judge Spencer Roane, a bitter opponent of
Marshall, formally announced that they would not obey the _mandamus_,
holding that the twenty-fifth section of the Judiciary Act of 1789--that
extending the appellate jurisdiction of the Supreme Court over state
tribunals--was unconstitutional. The state-rights elements in Virginia
quickly rallied to the support of the judges, and the Supreme Court
found itself face to face with an incensed public opinion in the Old
Dominion. In no wise daunted by this opposition, the Supreme Court
reviewed its position in 1816 and again ordered the execution of its
judgment.
Five years later, Chief Justice Marshall rendered a similar decision in
the case of _Cohens_ v. _Virginia_. The counsel for the Commonwealth had
argued that the appellate jurisdiction conferred by the Constitution on
the Supreme Court was merely authority to revise the decisions of the
inferior courts of the United States. "Congress," it was contended, "is
not authorized to make the supreme court or any other court of a State
an inferior court.... The inferior courts spoken of in the Constitution
are manifestly to be held by federal judges." "It is the case, not the
court, that gives jurisdiction," replied Marshall. "The courts of the
United States can, without question, revise the proceedings of the
executive and legislative authorities of the States, and if they are
found to be contrary to the Constitution may declare them to be of no
legal validity. Surely the exercise of the same right over judicial
tribunals is not a higher or more dangerous act of sovereign power."
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account