U.S. History Textbooks Boundless U.S. History Democracy in America: 1815–1840 Judicial Nationalism
U.S. History Textbooks Boundless U.S. History Democracy in America: 1815–1840
U.S. History Textbooks Boundless U.S. History
U.S. History Textbooks
U.S. History
Concept Version 12
Created by Boundless

The Marshall Court

The Marshall Court established the legal authority of the Supreme Court over the states and other branches of the federal government.

Learning Objective

  • Describe the changes John Marshall effected at the Supreme Court

Key Points

    • John Marshall (September 24, 1755–July 6, 1835) was the chief justice of the U.S. Supreme Court (1801–1835) whose court opinions helped lay the basis for American constitutional law.
    • When the Federalists lost the presidency and Congress to Democratic-Republicans, President Adams used his last remaining days of power to entrench as many of his political allies in the judiciary branch as he could, including Marshall. Under Marshall, the Supreme Court adopted the practice of handing down a single opinion of the Court, allowing it to present a clear rule.
    • During his tenure, Marshall made the Supreme Court a third co-equal branch that had the power of judicial review.

Terms

  • enumerated powers

    A list of items found in Article I, section 8 of the U.S. Constitution that set forth the authoritative capacity of the U.S. Congress. 

  • Judicial Review

    The doctrine under which legislative and executive actions are subject to scrutiny (and possible invalidation) by the Supreme Court.

  • federalism

    The American political ideology calling for a strong central government, a commercial economy, and depreciating local communities and political participation.

Full Text

John Marshall's Court

John Marshall (September 24, 1755–July 6, 1835) was chief justice of the Supreme Court from 1801 until 1835. His opinions helped to determine future U.S. constitutional law and made the Supreme Court equal to the legislative and executive branches. Marshall had helped lead the Federalist Party in Virginia, served in the U.S. House of Representatives from 1799 to 1800, and was secretary of state under President John Adams from 1800 to 1801.

John Marshall

John Marshall was the chief justice of the Supreme Court from 1801–1835.

Marshall set a record by dominating the Court for more than three decades, and he played a significant role in the American legal system's development. He notably reinforced the principle that federal courts were obligated to exercise judicial review and overturn laws that violated the Constitution. Thus, Marshall cemented the position of the U.S. judiciary as an independent, influential branch of government that was the final authority on the Constitution in cases and controversies decided by federal courts. The Marshall Court made several important decisions relating to Federalism, affecting the balance of power between the federal government and the states during the republic's early years. Marshall repeatedly confirmed the supremacy of federal law over state law and supported an expansive reading of the enumerated powers.

Some of his decisions were unpopular. Nevertheless, Marshall expanded the third branch of the federal government and augmented federal power in the name of the Constitution and the rule of law. Marshall and Daniel Webster (who argued some notable cases) were the leading Federalists of the day. Marshall pursued the Federalist Party goals of building a stronger federal government in opposition to the Jeffersonian Republicans, who wanted stronger state governments.

Nomination

Marshall was thrust into the office of chief justice in the wake of the 1800 presidential election. With the Federalists about to lose the executive and legislative branches to Democratic-Republicans, President Adams and the lame-duck Congress passed what came to be known as the "Midnight Judges Act." This Act reduced the number of justices from six to five, denying Jefferson an appointment until two vacancies occurred. The incumbent Chief Justice Oliver Ellsworth was in poor health, so Adams first offered the seat to ex-Chief Justice John Jay, who declined on the grounds that the Court lacked, "energy, weight, and dignity." Strapped for time, Adams made an offer to Marshall, who was able to accept the nomination immediately.

The Senate confirmed Marshall on January 27, 1801. Though Marshall officially took office on February 4, he continued to serve as secretary of state until Adams's term expired on March 4 at the request of the president. 

Impact 

Unified Majority Opinions

Soon after becoming chief justice, Marshall changed the way the Supreme Court announced its decisions. Previously, each justice would author a separate opinion known as a seriatim opinion. Under Marshall, the Supreme Court adopted the practice of handing down one opinion of the Court. Marshall was almost always the author of this opinion, so he essentially became the Court's sole spokesman in important cases.

Equal Branch of Government

The three previous chief justices (John Jay, John Rutledge, and Oliver Ellsworth) had minimal legacies beyond setting up the forms of office. The Supreme Court, like many state supreme courts, was a minor organ of government. In his 34-year tenure, Marshall gave it the energy and weight of a third co-equal branch. With his associate justices, especially Joseph Story, William Johnson, and Bushrod Washington, Marshall's Court invigorated many of the constitutional and legal standards of the new nation.

Judicial Review

Marshall used Federalist approaches to build a strong federal government over the opposition of the Jeffersonian Democrats, who wanted stronger state governments. His influential rulings reshaped American government, making the Supreme Court the final arbiter of constitutional interpretation. The Marshall Court struck down an act of Congress in only one case (Marbury v. Madison in 1803), but that one instance established the Court as a center of power that could overrule the Congress, the president, the states, and all lower courts if that was what a fair reading of the Constitution required. He also defended the legal rights of corporations by tying them to the individual rights of the stockholders, thereby setting the precedent that corporations have the same level of protection for their property as individuals and shielding corporations from state governments.

[ edit ]
Edit this content
Prev Concept
Protective Tariffs
The Expansion of the Federal Government
Next Concept