The Legacy of the Marshall Court (1801-1835)

Chief Justice John Marshall
by William Wetmore Story
John Marshall Park,
District of Columbia

I. Major Goals of Marshall, who was appointed by Pres. Adams in 1801

A. Increase the powers of the national government

B. Diminish the powers of the states

C. Perpetuate the Federalist principle of centralization.


D. Property rights of individuals need to be protected from government interference

II. Strengthening the National Government

A. Cases expanding the authority of the Supreme Court
1. Marbury v. Madison (1803) gave the Court the power of judicial review. First overturning of a law (Judiciary Act of 1789).

2. U.S. v. Peters (1809) established the Court's right to coerce a state legislature

3. Martin v. Hunter's Lessee (1816) confirmed the Court's right to overrule a state court

4. Cohens v. Virginia (1821). States were no longer sovereign in all respects since they had ratified the Constitution. State courts must submit to federal jurisdiction.

B. Cases expanding the powers of Congress

1. McCullough v. Maryland (1819) upheld the right of Congress to charter a national bank and be free from taxation by a state, thus putting into national law the doctrine of implied powers. Maryland's lawyers argued that Congress did not have the right to charter a national bank.  "The power to pax involves the power to destroy," responded Marshall, upholding the bank's right to exist and be free from taxes.

2. Gibbons v. Ogden (1824) gave the national government undisputed control over interstate commerce by ruling invalid a steamboat monopoly chartered by New York state. This freed internal transportation from state restraint.

III. Weakening the States

A. Fletcher v. Peck (1810) established the principle that state laws were invalid when in conflict with the Constitution and that contracts must be upheld. A land grant given by the Georgia legislature to speculators was revoked by a later legislature. Marshall ruled for the speculators, giving federal protection to purchasers of state-owned lands.

B. Dartmouth College v. Woodward (1819) -- By forbidding the state legislature to alter the college charter, Marshall established the principle that charters were contracts which could not be impaired.

C. Martin v. Mott (1827) denied a state the right to withhold its militia from service.

IV. Legacy of Marshall

A. Established the primacy of federal government over states in exercising control of economy

B. Opened the way for an increased federal role in promoting economic growth

C. Affirmed protection for corporations and other private economic institutions from local governmental interference. This allowed for the growth of the new industrial capitalist economy.

Feldmeth, Greg D. "The Legacy of the Marshall Court," U.S. History Resources <http://www.polytechnic.org/faculty/gfeldmeth/lec.marshall.html ( Revised 30 June 2004).