The Marshall Court

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SCOTUS
Seal of SCOTUS.png
Cases by term
Judgeships
Posts: 9
Judges: 9
Judges
Chief: John Roberts
Active: Samuel Alito, Amy Coney Barrett, Neil Gorsuch, Ketanji Brown Jackson, Elena Kagan, Brett Kavanaugh, John Roberts, Sonia Sotomayor, Clarence Thomas



The Marshall Court lasted from 1801 to 1835, during the presidencies of John Adams, Thomas Jefferson, James Madison, James Monroe, John Quincy Adams, and Andrew Jackson.

John Marshall was nominated as Chief Justice by President John Adams on January 20, 1801, to succeed Oliver Ellsworth. Marshall was confirmed by the United States Senate on January 27, 1801, and received commission on January 31, 1801. John Marshall's tenure as chief justice lasted for 34 years, the longest in American history for any chief justice. He presided over 1000 decisions and wrote over 500 opinions.[1][2] His service ended upon his death on July 6, 1835.[3]

Associate justices

The justices in this table served during the Marshall Court.

Tenure Justice Nominated By
09/27/1789 - 09/13/1810 William Cushing George Washington
03/04/1793 - 09/09/1806 William Paterson George Washington
01/27/1796 - 06/19/1811 Samuel Chase George Washington
12/20/1798 - 11/26/1829 Bushrod Washington John Adams
12/10/1799 - 01/26/1804 Alfred Moore John Adams
03/26/1804 - 08/04/1834 William Johnson, Jr. Thomas Jefferson
01/16/1807 - 03/18/1823 Henry Brockholst Livingston Thomas Jefferson
03/03/1807 - 02/07/1826 Thomas Todd Thomas Jefferson
11/18/1811 - 01/12/1835 Gabriel Duvall James Madison
11/18/1811 - 09/10/1845 Joseph Story James Madison
12/09/1823 - 12/18/1843 Smith Thompson James Monroe
05/09/1826 - 08/25/1828 Robert Trimble (Supreme Court) John Quincy Adams
01/06/1830 - 04/21/1844 Henry Baldwin Andrew Jackson
03/07/1829 - 04/04/1861 John McLean Andrew Jackson
01/09/1835 - 07/05/1867 James Moore Wayne Andrew Jackson

Major cases

Marbury v. Madison (1803)

In 1800, Thomas Jefferson was elected as President of the United States. Before he assumed office, his predecessor John Adams and Congress passed the Judiciary Act of 1801. Adams appointed William Marbury as a Justice of the Peace in the District of Columbia, with the approval of the U.S. Senate. However, the appointment was not valid until the Secretary of State delivered the judicial commission. Marbury asked the Supreme Court to compel Secretary of State James Madison to deliver the commission, along with three other judicial appointees.[4]

The three questions before the court were:[4]

  1. Do the plaintiffs have a right to receive their commissions?
  2. Can they sue for their commissions in court?
  3. Does the Supreme Court have the authority to order the delivery of their commissions?

The court ruled that Madison's refusal to deliver the commissions was illegal, but did not order their delivery; and that Marbury's claim was unconstitutional since it attempted to extend the court's original jurisdiction beyond its constitutional limits. With the ruling, the court established the power to declare a law unconstitutional.[4][5]

The Contract Clause in practice (1810)

In 1796, the State of Georgia voided a law passed the year before that awarded territory to four companies.[6] A new legislature repealed the law because it was discovered that all but one of the previous legislators had been bribed into granting the land at a bargain price of 1.5 cents per acre.[7] In 1800, John Peck claimed some of the land that was originally granted, and he sold it to Robert Fletcher in 1803. Later, Fletcher believed that Peck did not have the right to sell the land since the Georgia court had invalidated the award. On March 16, 1810, the Supreme Court found in favor of Peck, claiming that Georgia never had the right to repossess the land.[6] The Court found that the original contract between Georgia and the four companies was part of the Contract Clause of the Constitution and could not be repealed.[7]

Supreme Court's supremacy over state courts (1816)

When Lord Fairfax died in England in 1781, he left his property in the State of Virginia to his nephew, Denny Martin of England. In 1782, the Virginia legislature transferred the land back to Virginia, who then gave part of the property to David Hunter. On March 20, 1816, the Court ruled that the State of Virginia and the federal government were not equal. The decision highlighted the Supremacy Clause by affirming the Supreme Court’s power to override the state court. According to the 6-0 ruling, the land did, in fact, belong to Lord Fairfax, and could not be taken back by Virginia.[8]

Extending congressional powers, limiting state powers (1819)

The Second Bank of the United States was chartered in 1816 by Congress. Although it was controlled by private stockholders, it held federal funds. In return, the bank was not taxed. Other banks were not pleased with this exemption, so the State of Maryland imposed a steep tax on The Second Bank of the United States. However, the bank refused to pay, so the State of Maryland responded by taking them to court. On March 6, 1819, the Supreme Court decided that Congress could establish a bank, and that the states could not tax a federal bank.[9]

The Court has jurisdiction to review state criminal proceedings (1821)

The District of Columbia authorized a lottery with licensed citizens permitted to sell tickets. The Cohen brothers, however, sold lottery tickets outside of the District in Virginia, which violated the law. Authorities convicted the Cohen brothers of breaking the law and determined that their court had the final say in the matter. When the trial was taken to the Supreme Court, the justices unanimously decided that the Court had the right to review the case because it was a state criminal proceeding. However, on March 3, 1821, Chief Justice John Marshall agreed that the lottery was a local matter and that it was suitable for the brothers to be fined. The Supreme Court affirmed in part the previous court's decision.[10]

Native Americans can only sell their land to the American government (1823)

In 1763, the King of England allowed for a purchase of land from the Piankeshaw Indians by British citizens. Thomas Johnson left his land to his heirs. However, in 1818, William M'Intosh purchased 11,000 acres of land from Congress. This land was what Johnson had originally purchased. When Johnson's heirs discovered the deal, they sued in the United States District Court for the District of Illinois. However, the Court found in favor of M'Intosh. On February 28, 1823, the United States Supreme Court affirmed the lower court's decision and ruled unanimously in favor of M'Intosh. Author of the opinion, John Marshall, claimed that only the government could negotiate with the Native American nations.[11]

Only Congress has the right to regulate interstate commerce (1824)

Because he created the fastest steamboat, Aaron Ogden was awarded a monopoly for commerce in the State of New York using steamboats. This monopoly, however, applied to interstate commerce between New York and New Jersey. Gibbons, a steamboat operator who was penalized as a result of the monopoly, filed suit against Ogden, saying the monopoly was illegal. Ultimately, on March 2, 1824, the Supreme Court ruled in favor of Gibbons, reversing the previous decision. The Court declared that states did not have the right to regulate interstate commerce. This right belonged solely to Congress.[12]

Cherokee Nations as a Distinct Community (1832)

In 1830, the Georgia legislature enacted a law "to prevent the exercise of assumed and arbitrary power by all persons, under pretext of authority from the Cherokee Indians." Samuel A. Worchester and other non-Native Americans were indicted using this law since they lived within a Cherokee nation without a license or without swearing an oath to the constitution and laws of Georgia. Worchester, however, argued that the Georgia law violated the United States Constitution, treaties between the United States and Cherokee nation and a Congressional Act allowing for the trade with Native Americans. The case went to the Supreme Court on a writ of error. On March 3, 1832, the Court decided that the Georgia law did, in fact, violate the Constitution, treaties and laws. Furthermore, opinion author John Marshall claimed, the laws of Georgia could not apply to the Cherokee nation because they were a distinct community.[13]

Fifth Amendment does not apply to states (1833)

As commerce grew and developed in the harbor of Baltimore, sand accumulated which depleted some of the deep waters.[14] Additionally, the city had dumped sand and dirt from a road-clearing project into the harbor.[15] John Barron owned a portion of what used to be these deep waters, which were important to his business. Barron sued Baltimore for some of his lost profits, arguing that the Fifth Amendment protected citizens from having property taken by the national government or the states. In a 7-0 decision on February 11, 1833, the Supreme Court found in favor of Baltimore without even hearing the city's arguments. John Marshall wrote in the opinion that the Fifth Amendment was to limit national government powers, and since it did not apply to the states, the Supreme Court did not have jurisdiction over the case.[14]

About the court

See also: Supreme Court of the United States


The Supreme Court of the United States is the highest judicial body in the country and leads the judicial branch of the federal government. It is often referred to by the acronym SCOTUS.[16]

The Supreme Court consists of nine justices: the Chief Justice of the United States and eight Associate Justices. The justices are nominated by the president and confirmed with the "advice and consent" of the United States Senate per Article II of the United States Constitution. As federal judges, the justices serve during "good behavior," which means that justices have tenure for life unless they are removed by impeachment and subsequent conviction.[17]

On January 27, 2022, Justice Stephen Breyer officially announced he would retire at the start of the court's summer recess.[18][19] Breyer assumed senior status on June 30, 2022.[20] Ketanji Brown Jackson was confirmed to fill the vacancy by the Senate in a 53-47 vote on April 7, 2022.[21] Click here to read more.

The Supreme Court is the only court established by the United States Constitution (in Article III); all other federal courts are created by Congress.

The Supreme Court meets in Washington, D.C., in the United States Supreme Court building. The Supreme Court's yearly term begins on the first Monday in October and lasts until the first Monday in October the following year. The court generally releases the majority of its decisions in mid-June.[17]

Number of seats on the Supreme Court over time

See also: History of the Supreme Court
Number of Justices Set by Change
Chief Justice + 5 Associate Justices Judiciary Act of 1789
Chief Justice + 4 Associate Justices Judiciary Act of 1801 (later repealed)
-1
Chief Justice + 6 Associate Justices Seventh Circuit Act of 1807
+2
Chief Justice + 8 Associate Justices Eighth and Ninth Circuits Act of 1837
+2
Chief Justice + 9 Associate Justices Tenth Circuit Act of 1863
+1
Chief Justice + 6 Associate Justices Judicial Circuits Act of 1866
-3
Chief Justice + 8 Associate Justices Judiciary Act of 1869
+2


See also

External links

Footnotes

  1. ↑ Oyez, "John Marshall"
  2. ↑ The Supreme Court, "Frequently Asked Questions"
  3. ↑ Federal Judicial Center, "Marshall, John," accessed March 11, 2022
  4. ↑ 4.0 4.1 4.2 Oyez, Marbury v. Madison, decided February 24, 1803
  5. ↑ PBS, "Landmark Cases: Marbury v. Madison"
  6. ↑ 6.0 6.1 Oyez, Fletcher v. Peck
  7. ↑ 7.0 7.1 PBS, "Landmark Case: Fletcher v. Peck"
  8. ↑ Oyez, Martin v. Hunter's Lessee
  9. ↑ Oyez, McCulloch v. Maryland
  10. ↑ Oyez, Cohens v. Virginia
  11. ↑ Oyez, Johnson's Lessee v. M'Intosh
  12. ↑ Oyez, Gibbons v. Ogden
  13. ↑ Oyez, Worchester v. Georgia
  14. ↑ 14.0 14.1 Oyez, Barron v. Mayor and City Council of Baltimore
  15. ↑ PBS, "Landmark Cases: Barron v. Baltimore"
  16. ↑ The New York Times, "On Language' Potus and Flotus," October 12, 1997
  17. ↑ 17.0 17.1 SupremeCourt.gov, "A Brief Overview of the Supreme Court," accessed April 20, 2015
  18. ↑ United States Supreme Court, "Letter to President," January 27, 2022
  19. ↑ YouTube, "President Biden Delivers Remarks on the Retirement of Supreme Court Justice Stephen Breyer," January 27, 2022
  20. ↑ Federal Judicial Center, "Breyer, Stephen Gerald," accessed April 13, 2023
  21. ↑ Congress.gov, "PN1783 — Ketanji Brown Jackson — Supreme Court of the United States," accessed April 7, 2022
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History of the Supreme Court
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