The Marshall Court refers to the
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
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
Roger Brooke Taney (; March 17, 1777 – October 12, 1864) was the fifth chief justice of the United States, holding that office from 1836 until his death in 1864. Although an opponent of slavery, believing it to be an evil practice, Taney belie ...
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.
Membership
The Marshall Court began in 1801, when President
John Adams
John Adams (October 30, 1735 – July 4, 1826) was an American statesman, attorney, diplomat, writer, and Founding Father who served as the second president of the United States from 1797 to 1801. Before his presidency, he was a leader of t ...
appointed
Secretary of State John Marshall to replace the retiring
Oliver Ellsworth
Oliver Ellsworth (April 29, 1745 – November 26, 1807) was a Founding Father of the United States, attorney, jurist, politician, and diplomat. Ellsworth was a framer of the United States Constitution, United States senator from Connecticut ...
. Marshall was nominated after former Chief Justice
John Jay
John Jay (December 12, 1745 – May 17, 1829) was an American statesman, patriot, diplomat, abolitionist, signatory of the Treaty of Paris, and a Founding Father of the United States. He served as the second governor of New York and the f ...
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
Alexander Hamilton (January 11, 1755 or 1757July 12, 1804) was an American military officer, statesman, and Founding Father who served as the first United States secretary of the treasury from 1789 to 1795.
Born out of wedlock in Charlest ...
.
The Marshall Court began with Marshall and five Associate Justices from the Ellsworth Court:
William Cushing
William Cushing (March 1, 1732 – September 13, 1810) was one of the original five associate justices of the United States Supreme Court; confirmed by the United States Senate on September 26, 1789, he served until his death. His Supreme Court ...
, William Paterson,
Samuel Chase
Samuel Chase (April 17, 1741 – June 19, 1811) was a Founding Father of the United States, a signatory to the Continental Association and United States Declaration of Independence as a representative of Maryland, and an Associate Justice of t ...
,
Bushrod Washington
Bushrod Washington (June 5, 1762 – November 26, 1829) was an American attorney and politician who served as Associate Justice of the Supreme Court of the United States from 1798 to 1829. On the Supreme Court, he was a staunch ally of Ch ...
, and
Alfred Moore
Alfred Moore (May 21, 1755 – October 15, 1810) was an American judge, lawyer, planter and military officer who became an associate justice of the Supreme Court of the United States. Moore Square, a park located in the Moore Square Hist ...
. President
Thomas Jefferson
Thomas Jefferson (April 13, 1743 – July 4, 1826) was an American statesman, diplomat, lawyer, architect, philosopher, and Founding Fathers of the United States, Founding Father who served as the third president of the United States from 18 ...
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
Henry Brockholst Livingston (November 25, 1757 – March 18, 1823) was an American Revolutionary War officer, a justice of the New York Court of Appeals and eventually an associate justice of the Supreme Court of the United States.
Early life
...
and
Thomas Todd
Thomas Todd (January 23, 1765 – February 7, 1826) was an Associate Justice of the Supreme Court of the United States from 1807 to 1826. Raised in the Colony of Virginia, he studied law and later participated in the founding of Kentucky ...
. President
James Madison
James Madison Jr. (March 16, 1751June 28, 1836) was an American statesman, diplomat, and Founding Father. He served as the fourth president of the United States from 1809 to 1817. Madison is hailed as the "Father of the Constitution" for hi ...
appointed
Gabriel Duvall
Gabriel Duvall (December 6, 1752 – March 6, 1844) was an American politician and jurist. Duvall was an Associate Justice of the Supreme Court of the United States from 1811 to 1835, during the Marshall Court. Previously, Duvall was the Co ...
and
Joseph Story
Joseph Story (September 18, 1779 – September 10, 1845) was an associate justice of the Supreme Court of the United States, serving from 1812 to 1845. He is most remembered for his opinions in ''Martin v. Hunter's Lessee'' and '' United States ...
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
James Monroe ( ; April 28, 1758July 4, 1831) was an American statesman, lawyer, diplomat, and Founding Father who served as the fifth president of the United States from 1817 to 1825. A member of the Democratic-Republican Party, Monroe was ...
appointed
Smith Thompson
Smith Thompson (January 17, 1768 – December 18, 1843) was a US Secretary of the Navy from 1819 to 1823 and a US Supreme Court Associate Justice from 1823 to his death.
Early life and the law
Born in Amenia, New York, Thompson graduated ...
to succeed Livingston in 1823. President
John Quincy Adams
John Quincy Adams (; July 11, 1767 – February 23, 1848) was an American statesman, diplomat, lawyer, and diarist who served as the sixth president of the United States, from 1825 to 1829. He previously served as the eighth United States ...
successfully nominated
Robert Trimble to replace Todd in 1826. Trimble died in 1828, and Adams's nomination of
John J. Crittenden
John Jordan Crittenden (September 10, 1787 July 26, 1863) was an American statesman and politician from the U.S. state of Kentucky. He represented the state in the U.S. House of Representatives and the U.S. Senate and twice served as Unite ...
was blocked by the Senate. Instead, Trimble was succeeded by
John McLean
John McLean (March 11, 1785 – April 4, 1861) was an American jurist and politician who served in the United States Congress, as U.S. Postmaster General, and as a justice of the Ohio and U.S. Supreme Courts. He was often discussed for t ...
, who was appointed by
Andrew Jackson
Andrew Jackson (March 15, 1767 – June 8, 1845) was an American lawyer, planter, general, and statesman who served as the seventh president of the United States from 1829 to 1837. Before being elected to the presidency, he gained fame as ...
. In 1830, Jackson appointed
Henry Baldwin to replace Washington, and in 1834, Jackson appointed
James Moore Wayne
James Moore Wayne (1790 – July 5, 1867) was an American attorney, judge and politician who served as an Associate Justice of the Supreme Court of the United States from 1835 to 1867. He previously served as the 16th Mayor of Savannah, Geo ...
to replace Johnson. In 1835, Jackson nominated
Roger Taney
Roger Brooke Taney (; March 17, 1777 – October 12, 1864) was the fifth chief justice of the United States, holding that office from 1836 until his death in 1864. Although an opponent of slavery, believing it to be an evil practice, Taney belie ...
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
The Taney Court refers to the Supreme Court of the United States from 1836 to 1864, when Roger Taney served as the fifth Chief Justice of the United States. Taney succeeded John Marshall as Chief Justice after Marshall's death in 1835. Taney ser ...
.
Timeline
Other branches
Presidents during this court included
John Adams
John Adams (October 30, 1735 – July 4, 1826) was an American statesman, attorney, diplomat, writer, and Founding Father who served as the second president of the United States from 1797 to 1801. Before his presidency, he was a leader of t ...
,
Thomas Jefferson
Thomas Jefferson (April 13, 1743 – July 4, 1826) was an American statesman, diplomat, lawyer, architect, philosopher, and Founding Fathers of the United States, Founding Father who served as the third president of the United States from 18 ...
,
James Madison
James Madison Jr. (March 16, 1751June 28, 1836) was an American statesman, diplomat, and Founding Father. He served as the fourth president of the United States from 1809 to 1817. Madison is hailed as the "Father of the Constitution" for hi ...
,
James Monroe
James Monroe ( ; April 28, 1758July 4, 1831) was an American statesman, lawyer, diplomat, and Founding Father who served as the fifth president of the United States from 1817 to 1825. A member of the Democratic-Republican Party, Monroe was ...
,
John Quincy Adams
John Quincy Adams (; July 11, 1767 – February 23, 1848) was an American statesman, diplomat, lawyer, and diarist who served as the sixth president of the United States, from 1825 to 1829. He previously served as the eighth United States ...
, and
Andrew Jackson
Andrew Jackson (March 15, 1767 – June 8, 1845) was an American lawyer, planter, general, and statesman who served as the seventh president of the United States from 1829 to 1837. Before being elected to the presidency, he gained fame as ...
. Congresses during this court included
6th through the
24th United States Congresses.
Political role
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
The Midnight Judges Act (also known as the Judiciary Act of 1801; , and officially An act to provide for the more convenient organization of the Courts of the United States) represented an effort to solve an issue in the U.S. Supreme Court during ...
also established several new court positions that were filled by President Adams, but the act was
largely repealed after the
Democratic-Republicans
The Democratic-Republican Party, known at the time as the Republican Party and also referred to as the Jeffersonian Republican Party among other names, was an American political party founded by Thomas Jefferson and James Madison in the early ...
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 Democratic Party most often refers to:
*Democratic Party (United States)
Democratic Party and similar terms may also refer to:
Active parties Africa
*Botswana Democratic Party
*Democratic Party of Equatorial Guinea
*Gabonese Democratic Party
*Demo ...
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. The Democratic-Republicans attempted to impeach Justice Chase for overtly campaigning for
John Adams
John Adams (October 30, 1735 – July 4, 1826) was an American statesman, attorney, diplomat, writer, and Founding Father who served as the second president of the United States from 1797 to 1801. Before his presidency, he was a leader of t ...
's re-election, possibly impeding the independence of the Supreme Court, but the attempt failed after defections from within the party. Marshall's philosophy differed dramatically from that of some of his contemporaries outside the court, including
Spencer Roane
Spencer Roane (April 4, 1762 – September 4, 1822) was a Virginia lawyer, politician and jurist. He served in the Virginia House of Delegates for six years and a year in the Commonwealth's small executive branch (Council of State). The majority ...
, who wrote a series of essays arguing that state courts should have the final say in most matters. Marshall's domination of the courts ensured that the federal government would retain relatively strong powers, despite the political domination of Jeffersonians after 1800. Marshall's opinions also helped to reinforce the independent power of the Supreme Court as a check on Congress,
and laid some of the philosophical foundations of the
Whig Party, which arose in the 1830s.
Due to the Marshall Court's many accomplishments, President Adams referred to his appointment of Marshall as the "proudest act of his life."
Rulings of the Court
The Marshall Court issued several major rulings during its tenure, including:
*''
Marbury v. Madison
''Marbury v. Madison'', 5 U.S. (1 Cranch) 137 (1803), was a landmark U.S. Supreme Court case that established the principle of judicial review in the United States, meaning that American courts have the power to strike down laws and statutes t ...
'' (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
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...
. In so doing, the court held that a law written by Congress was unconstitutional, firmly establishing the Supreme Court's power of
judicial review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
. 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.
*''
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
Article I, Section 10, Clause 1 of the United States Constitution, known as the Contract Clause, imposes certain prohibitions on the states. These prohibitions are meant to protect individuals from intrusion by state governments and to kee ...
by voiding land grants in the
Yazoo lands
The Yazoo lands were the central and western regions of the U.S. state of Georgia, when its western border stretched back to the Mississippi. The Yazoo lands were named for the Yazoo nation, that lived on the lower course of the Yazoo, in wha ...
that had been influenced by bribery. The case marked the first time that the court struck down a state law as unconstitutional.
*''
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
''Cohens v. Virginia'', 19 U.S. (6 Wheat.) 264 (1821), is a landmark case by the Supreme Court of the United States that is most notable for the Court's assertion of its power to review state supreme court decisions in criminal law matters if def ...
'' (1821).
*''
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
The Second Bank of the United States was the second federally authorized Hamiltonian national bank in the United States. Located in Philadelphia, Pennsylvania, the bank was chartered from February 1816 to January 1836.. The Bank's formal name, ...
) 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
The Necessary and Proper Clause, also known as the Elastic Clause, is a clause in Article I, Section 8 of the United States Constitution:
Since the landmark decision '' McCulloch v. Maryland'', the US Supreme Court has ruled that this clause g ...
.
*''
Dartmouth College v. Woodward
''Trustees of Dartmouth College v. Woodward'', 17 U.S. (4 Wheat.) 518 (1819), was a List of landmark court decisions in the United States, landmark decision in United States corporate law from the Supreme Court of the United States, United States ...
'' (1819): In an opinion written by Chief Justice Marshall (with several concurring opinions), the court invalidated New Hampshire's attempts to alter
Dartmouth College
Dartmouth College (; ) is a private research university in Hanover, New Hampshire. Established in 1769 by Eleazar Wheelock, it is one of the nine colonial colleges chartered before the American Revolution. Although founded to educate Native ...
's charter. The court held that the
Contract Clause
Article I, Section 10, Clause 1 of the United States Constitution, known as the Contract Clause, imposes certain prohibitions on the states. These prohibitions are meant to protect individuals from intrusion by state governments and to kee ...
protects
corporation
A corporation is an organization—usually a group of people or a company—authorized by the state to act as a single entity (a legal entity recognized by private and public law "born out of statute"; a legal person in legal context) and r ...
s from having contracts interfered with by the states.
*''
Johnson v. M'Intosh
''Johnson v. M'Intosh'', 21 U.S. (7 Wheat.) 543 (1823), is a landmark decision of the U.S. Supreme Court that held that private citizens could not purchase lands from Native Americans. As the facts were recited by Chief Justice John Marshall, t ...
'' (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
''Gibbons v. Ogden'', 22 U.S. (9 Wheat.) 1 (1824), was a landmark decision in which the Supreme Court of the United States held that the power to regulate interstate commerce, which was granted to Congress by the Commerce Clause of the United Sta ...
'' (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
The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and amon ...
.
[Schwartz, 47-49]
*''
Worcester v. Georgia'' (1832): In an opinion written by Chief Justice Marshall, the court voided the state of Georgia's conviction of
Samuel Worcester
Samuel Austin Worcester (January 19, 1798 – April 20, 1859), was an American missionary to the Cherokee, translator of the Bible, printer, and defender of the Cherokee sovereignty. He collaborated with Elias Boudinot (Cherokee) in Georgia to ...
and held that states have no authority to deal with
Native American tribes. However, President
Andrew Jackson
Andrew Jackson (March 15, 1767 – June 8, 1845) was an American lawyer, planter, general, and statesman who served as the seventh president of the United States from 1829 to 1837. Before being elected to the presidency, he gained fame as ...
refused to enforce the court's prohibition against Georgia's interference in
Cherokee
The Cherokee (; chr, ᎠᏂᏴᏫᏯᎢ, translit=Aniyvwiyaʔi or Anigiduwagi, or chr, ᏣᎳᎩ, links=no, translit=Tsalagi) are one of the indigenous peoples of the Southeastern Woodlands of the United States. Prior to the 18th century, t ...
affairs.
*''
Barron v. Baltimore
''Barron v. Baltimore'', 32 U.S. (7 Pet.) 243 (1833), is a landmark United States Supreme Court case in 1833, which helped define the concept of federalism in US constitutional law. The Court ruled that the Bill of Rights did not apply to the stat ...
'' (1833): In a unanimous opinion written by Chief Justice Marshall, the court held that the
Bill of Rights
A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pri ...
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.
For a full list of decisions by the Marshall Court, see
lists of United States Supreme Court cases by volume
The following is a complete list of cases decided by the United States Supreme Court organized by volume of the ''United States Reports'' in which they appear. This is a list of volumes of ''U.S. Reports'', and the links point to the contents of e ...
, volumes
5 through
34.
See also
*
Aboriginal title in the Marshall Court
The Marshall Court (1801–1835) issued some of the earliest and most influential opinions by the Supreme Court of the United States on the status of aboriginal title in the United States, several of them written by Chief Justice John Mars ...
*
Criminal law in the Marshall Court
The Marshall Court (1801–1835) heard forty-one criminal law cases, slightly more than one per year. Among such cases are '' United States v. Simms'' (1803), '' United States v. More'' (1805), '' Ex parte Bollman'' (1807), '' United States ...
References
Further reading
Works centered on the Marshall Court
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1810s in the United States
1820s in the United States
United States Supreme Court history by court
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