The Marshall Court refers to the
Supreme Court of the United States from 1801 to 1835, when
John Marshall served as the fourth
Chief Justice of the United States. Marshall served as Chief Justice until his death, at which point
Roger Taney took office. The Marshall Court played a major role in increasing the power of the judicial branch, as well as the power of the national government.[1]
The Marshall Court began in 1801, when President
John Adams appointed
Secretary of State John Marshall to replace the retiring
Oliver Ellsworth. Marshall was nominated after former Chief Justice
John Jay refused the position; many in Adams's party advocated the elevation of Associate Justice
William Paterson, but Adams refused to nominate someone close to his intra-party rival,
Alexander Hamilton.[2]
The Marshall Court began with Marshall and five Associate Justices from the Ellsworth Court:
William Cushing, William Paterson,
Samuel Chase,
Bushrod Washington, and
Alfred Moore. President
Thomas Jefferson appointed
William Johnson to replace Moore after Moore resigned in 1804. In 1807, Jefferson appointed two more justices, as Paterson died and Congress added a new seat for an Associate Justice. Jefferson successfully nominated
Henry Brockholst Livingston and
Thomas Todd. President
James Madison appointed
Gabriel Duvall and
Joseph Story in 1811 and 1812, replacing Cushing and Chase. Madison had nominated
Alexander Wolcott to replace Cushing, but the Senate voted him down. President
James Monroe appointed
Smith Thompson to succeed Livingston in 1823. President
John Quincy Adams successfully nominated
Robert Trimble to replace Todd in 1826. Trimble died in 1828, and Adams's nomination of
John J. Crittenden was blocked by the Senate. Instead, Trimble was succeeded by
John McLean, who was appointed by
Andrew Jackson. In 1830, Jackson appointed
Henry Baldwin to replace Washington, and in 1834, Jackson appointed
James Moore Wayne to replace Johnson. In 1835, Jackson nominated
Roger Taney to succeed the retiring Duvall, but the nomination was denied by the Senate. Marshall died in 1835, and Taney was instead nominated to replace Marshall as Chief Justice. Taney was confirmed in 1836, beginning the
Taney Court.
Timeline
Note: + denotes new seat
Bar key:
Washington appointee J. Adams appointee Jefferson appointee Madison appointee Monroe appointee J. Q. Adams appointee Jackson appointee
Marshall took office during the final months of John Adams's presidency, and his appointment entrenched Federalist power within the judiciary. The
Judiciary Act of 1801 also established several new court positions that were filled by President Adams, but the act was
largely repealed after the
Democratic-Republicans took control of the government in the
1800 elections. Regardless, Marshall was the last justice appointed by a president of the
Federalist Party, and the last justice appointed by a president who was not a member of the Democratic-Republicans or
Democratic Party until the 1840s. Although Democratic-Republicans had appointed a majority of the justices after 1811, Marshall's philosophy of a relatively strong national government continued to guide the decisions of the Supreme Court until his death.[3] The Democratic-Republicans attempted to impeach Justice Chase for overtly campaigning for
John Adams's re-election, possibly impeding the independence of the Supreme Court, but the attempt failed after defections from within the party.[4] Marshall's philosophy differed dramatically from that of some of his contemporaries outside the court, including
Spencer Roane, who wrote a series of essays arguing that state courts should have the final say in most matters.[5] Marshall's domination of the courts ensured that the federal government would retain relatively strong powers, despite the political domination of Jeffersonians after 1800.[6] Marshall's opinions also helped to reinforce the independent power of the Supreme Court as a check on Congress,[7] and laid some of the philosophical foundations of the
Whig Party, which arose in the 1830s.[8] Due to the Marshall Court's many accomplishments, President Adams referred to his appointment of Marshall as the "proudest act of his life."[7]
The Marshall Court issued several major rulings during its tenure, including:[9]
Marbury v. Madison (1803): In a unanimous opinion written by Chief Justice Marshall, the court struck down Section 13 of the
Judiciary Act of 1789, since it extended the court's original jurisdiction beyond what was established in Article III of the
United States Constitution. In so doing, the court held that a law written by Congress was unconstitutional, firmly establishing the Supreme Court's power of
judicial review. Although judicial review had a long history in American and British thought, Marbury was nonetheless extremely important for establishing the Supreme Court's independence and ability to strike down laws of Congress that it deemed unconstitutional.[10]
Fletcher v. Peck (1810): In an opinion written by Chief Justice Marshall, the court held that the state of Georgia had violated the
Contract Clause by voiding land grants in the
Yazoo lands that had been influenced by bribery. The case marked the first time that the court struck down a state law as unconstitutional.[11]
Martin v. Hunter's Lessee (1817): In an opinion written by Justice Story, the court held that it had held appellate power over state courts in regards to the United States Constitution and federal laws and treaties. The Supreme Court would again uphold this principle in Cohens v. Virginia (1821).[12]
McCulloch v. Maryland (1819): In a unanimous opinion written by Chief Justice Marshall, the court held that the state of Maryland had no power to tax a federal bank (the
Second Bank of the United States) operating in Maryland. In so doing, the court upheld Congress's ability to establish the bank, taking a relatively broad view of the
Necessary and Proper Clause.[13]
Dartmouth College v. Woodward (1819): In an opinion written by Chief Justice Marshall (with several concurring opinions), the court invalidated New Hampshire's attempts to alter
Dartmouth College's charter. The court held that the
Contract Clause protects
corporations from having contracts interfered with by the states.
Johnson v. McIntosh (1823): In an opinion written by Chief Justice Marshall, the court held that private parties could not validly purchase land from
Native Americans.
Gibbons v. Ogden (1824): In an opinion written by Chief Justice Marshall, the court struck down a New York law that had granted a monopoly on steamship operation in the state of New York. In its decision, the court upheld Congress's ability to regulate commerce under the
Commerce Clause.[14]
Worcester v. Georgia (1832): In an opinion written by Chief Justice Marshall, the court voided the state of Georgia's conviction of
Samuel Worcester and held that states have no authority to deal with
Native American tribes. However, President
Andrew Jackson refused to enforce the court's prohibition against Georgia's interference in
Cherokee affairs.
Barron v. Baltimore (1833): In a unanimous opinion written by Chief Justice Marshall, the court held that the
Bill of Rights does not apply to the actions of state governments. The decision would later be largely overruled by the ratification of the
Fourteenth Amendment and subsequent Supreme Court decisions.
Clinton, Robert Lowry (2008). The Marshall Court: Justices, Rulings, and Legacy. ABC-CLIO.
ISBN9781576078433.
Ellis, Richard E. (2007). Aggressive Nationalism: McCulloch v. Maryland and the Foundation of Federal Authority in the Young Republic. Oxford University Press.
ISBN9780198043508.
Johnson, Herbert A. (1998). The Chief Justiceship of John Marshall, 1801-1835. University of South Carolina Press.
ISBN9781570032943.
Killenback, Mark R. (2006). M'Culloch v. Maryland Securing a Nation. University Press of Kansas.
ISBN978-0-7006-1472-1.
Klarman, Michael J. (2001). "How Great Were the "Great" Marshall Court Decisions?". Virginia Law Review. 87 (6): 1111–1184.
doi:
10.2307/1073950.
JSTOR1073950.
Nelson, William E. (2018). Marbury v. Madison: The Origins and Legacy of Judicial Review. University Press of Kansas.
ISBN978-0-7006-2653-3.
White, G. Edward (1984). "The Working Life of the Marshall Court, 1815-1835". Virginia Law Review. 70 (1): 1–52.
doi:
10.2307/1072823.
JSTOR1072823.
Morgan, Donald G. (1954). Justice William Johnson, the First Dissenter: The Career and Constitutional Philosophy of a Jeffersonian Judge. University of South Carolina Press.
ISBN0872490602.
McClellan, James (1990). Joseph Story and the American Constitution: A Study in Political and Legal Thought with Selected Writings. University of Oklahoma Press.
ISBN978-0806109718.
Newmyer, R. Kent (2001). John Marshall and the Heroic Age of the Supreme Court. LSU Press.
ISBN9780807127018.
Smith, Jean Edward (1996). John Marshall: Definer of a Nation. Macmillan.
ISBN9780805013894.
Unger, Harlow Giles (2014). John Marshall: The Chief Justice Who Saved the Nation. Da Capo Press.
ISBN9780306822216.
White, G. Edward (2001). "Reassessing John Marshall". William and Mary Quarterly. 58 (3): 673–693.
doi:
10.2307/2674300.
JSTOR2674300.
Other relevant works
Abraham, Henry Julian (2008). Justices, Presidents, and Senators: A History of the U.S. Supreme Court Appointments from Washington to Bush II. Rowman & Littlefield.
ISBN9780742558953.
Hall, Kermit L.; Ely, James W. Jr.; Grossman, Joel B., eds. (2005). The Oxford Companion to the Supreme Court of the United States (2nd ed.). Oxford University Press.
ISBN9780195176612.
Hall, Kermit L.; Ely, James W. Jr., eds. (2009). The Oxford Guide to United States Supreme Court Decisions (2nd ed.). Oxford University Press.
ISBN978-0195379396.
Hall, Timothy L. (2001). Supreme Court Justices: A Biographical Dictionary. Infobase Publishing.
ISBN9781438108179.
Hoffer, Peter Charles; Hoffer, WilliamJames Hull; Hull, N. E. H. (2018). The Supreme Court: An Essential History (2nd ed.). University Press of Kansas.
ISBN978-0-7006-2681-6.