John Adams appointed Marshall Chief Justice after Jefferson defeated him in the election of 1800. Marshall was still the Secretary of State but was told by Adams to stay in both positions until the new Republican administration took over. The Senate approved the nomination of Marshall. Jefferson was annoyed by Federalist judges being appointed last-minute. He believed they wanted to establish monarchy; therefore he hated all Federalists, especially Marshall.
Jefferson ordered that the commissions not be delivered. Marbury was out of the job and after nine months turned to the law. He wanted James Madison to be forced by the Court to deliver him his duly signed and sealed commission. This resulted in the Marbury vs. Madison case in which “ Marshall now Chief Justice handled it with intellectual grip, clarity of reasoning and political adroitness that would mark his whole career.” (Wernick, 116)
Marshall found that Marbury clearly had the right to his commission. The Supreme Court had not power to issue a writ of mandamus. Since the power of the Supreme Court to issue a writ of mandamus did not apply, the Court could not do anything for Marbury. The Federalists at first were happy because Marshall had ruled to their favor. “ For the first time the Supreme Court had invoked the principle that under the terms of the Constitution it could overturn as unconstitutional a law passed by Congress and signed by a President.” (Wernick, 116) The process of matching laws against the constitution is known as judicial review and is now a standard operation procedure.
In 1803 the President was involved in a deal with Bonaparte that resulted in the Louisiana Purchase the acquisition of more than a fourth of what is now the United States. This agreement guaranteed peace, and almost unlimited expansion and prosperity for the American people, but Jefferson was almost sure the purchase was unconstitutional. (Wernick, 116) Jefferson knew the fact that the President could make treaties could be stretched out enough to say it was legal to ass 828,000 square miles of territory. If this was true than other phrases in Constitution could be made to mean many things. After this the Jefferson and Congress put this issue away.
After the war of 1812 Congress had voted to spend federal money in internal improvements, which included building roads and digging canals. Madison vetoed the bill and said, “The power to regulate commerce among several states, cannot include a power to construct roads and canals, and to improve the navigation of water-courses in order to facilitate, improve, and secure such a commerce…. To refer the power in question to the clause ‘to provide for the common defense and general welfare’ would be contrary to the established and consistent rules of interpretation.” (Wernick, 117)
Case after case Marshall kept cutting away at the theory of state rights. Jefferson had nothing else to do now except look as the Chief Justice of the Supreme Court, who was appointed for life did his job. Marshall and his court gained “Judicial Prestige” because they established the judicial branch of the government as the umpire of disputes between the conflicting powers of the state and federal governments. (Wernick, 117)
Aaron Burr went to trial for a specific phrase he uttered and in court his lawyers asked the court to summon certain papers of Jefferson’s files. Jefferson refused to hand over anything and said a President was not bound to be at the beck and call of a mere judge. (Wernick, 117) Due to the law even a president had to comply with the request from court, Jefferson was thus forced to send in papers. In each of his cases Marshall followed two fundamental principles. The first one was that it was up to the courts to protect the rights of the individual in the face of the massed powers of government, and the second one involved establishing the extent of federal authority over the states. (Wernick, 117)
In 1810 Marshall took the case of Fletcher vs. Peck involving a litigation that had been going on for 15 years about the Yazoo lands. The Supreme Court decided here that the motives of the legislature who had voted the original act were irrelevant. The state of Georgia had made a valid contract with the purchasers, and could not declare ownership or property null and void. (Wernick, 118) Nine years later he was given the case of Dartmouth College vs. Woodward, from this Marshall ruled that under Article 1, Section 10 of the constitution no states had the right to pass any “law impairing the Obligation of Contracts.” (Wernick, 118)
The most important case in the history of the Supreme Court was the unanimous decision of McCulloch vs. Maryland, which established the priority of federal law over state law. This case involved the Second Bank of the United States, which was charted in 1816. From this case Marshall determined that the constitution was “not made by the states but by the people.” (Wernick, 118) Marshall declared that the Maryland tax on a bank established by the U.S Government was void. The next case he took was that of Gibbons vs. Ogden which was described as the “emancipation proclamation of American Commerce.” This Marshall believed was in violation of the constitutional provision giving congress the power to “regulate Commerce… among the several States.” (Wernick, 118)
In 1829 in the case of Boye vs. Anderson Marshall ruled, “a slave has volition, and has feelings…. He cannot be stowed away as a common package. In the nature of things, and in his character, he resembles a passenger, not a package of goods.” (Wernick, 118) In 1832 Worcester vs. Georgia was one of the final decisions he made. In this case he declared hat Georgia statutes relative to the Indians “repugnant to the Constitution, laws, and treaties of the United States.” (Wernick, 118) Georgia ignored the order and its has been said that the President at the time Andrew Jackson said, “ Well, John Marshall has made his decision, now let him enforce it.”
Finally, Jefferson died on July 4, 1826 on the 50th anniversary of the adoption of the Declaration of Independence, which he mostly wrote. John Marshall died two days after the Fourth of July, which was about nine years later. To mourn the deaths of both of these great men the Liberty Bell was rang.
This article fits greatly into its time period. This article helps learn how two men that were completely opposites in opinion came up to form such a great nation. This article helps me learn about many cases that were judged by probably the most important Chief Justice who ever served. These cases were important to the United States being that it shaped our nation greatly. This article gives background information that is more detailed and tells us really what happened back in time. This article has no historiographical debate because everything Wernick uses is fact. Wernick tells us how Marshall rules his cases in favor of the Federal Government and never is there an argument. All he gives us is facts about the cases and also the life of Marshall and Jefferson.
In Conclusion, Marshall and Jefferson where two men who were completely different but yet shaped this nation greatly. Marshall took the law pretty much into his own hands once he was appointed Chief Justice of the Supreme Court. Jefferson would get mad about what Marshall did for the fact that they had different opinions and believed in different things. In pretty much all of Marshall’s decisions he favored the Federal Government. Those cases in favor for the Federal Government include Fletcher vs. Peck, McCulloch vs. Maryland and many more. These two men will always be a part of history and especially because even though they didn’t work together they accomplished many great things that helped and keep helping the nation today.
