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John Marshall
John Marshall is considered the first great Chief Justice of the Supreme Court [1801–1835]. Under his
leadership, the Supreme Court repeatedly interpreted the Constitution in court decisions that strengthened
the power of the national government, confirmed its power to regulate the market economy, and extended
legal protection to private property rights. These decisions all carried through the Founding Fathers’
intention for the Supreme Court to be the final arbiter and reviewer of the Constitution.
The case of McCulloch v. Maryland arose when Maryland levied a tax on the Baltimore branch
of the 2nd Bank of the United States. This tax was prohibitively high and was intended to drive
the bank out of operation [and competition with state-chartered banks]. In this decision, the Supreme
Court addressed the issues of broad construction of the Constitution and the "necessary and proper"
clause, the constitutionality of the 2nd Bank of the United States, the supremacy of the national government
v. state legislation, and Jefferson’s "compact theory" of the Constitution. [See The Kentucky
Resolve for more on this.] How did Marshall and the Supreme Court justify the 2nd Bank of the United States,
and what limits did they place on federal authority? Can you locate Marshall’s famous quote about taxes,
and how did it apply to this case? What arguments did Marshall use to dismantle Jefferson’s "compact
theory" and claims of state government superiority?
Many legal scholars believe Marshall forecast modern judicial activism in McCulloch v. Maryland.
The chief justice’s language, "We must never forget it is a Constitution we are expounding . . .
intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs
. . ." advocates the court’s actions since 1945. Do you see anything else in the decision that suggests
or justifies future activism?
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