Supreme Court, United States: The Court under Marshall

The status of the Supreme Court was somewhat uncertain until the tenure (1801–35) of John Marshall, the “Great Chief Justice.” Marshall, a strong Federalist, in Marbury v. Madison established the principle of judicial review, i.e., the right of all courts to refuse the enforcement of unconstitutional enactments of Congress. The same power in regard to state laws was asserted in the opinion of Martin v. Hunter's Lessee (1816), delivered by Justice Joseph Story.

In other opinions, Marshall further strengthened the Federalist position as against those who espoused states' rights. This is seen notably in McCulloch v. Maryland (1819), which, by holding the creation of the second National Bank a legitimate power of Congress, gave judicial sanction to Alexander Hamilton's broad interpretation of the Constitution and extended the powers of the federal government over matters of decisive economic importance; and in Gibbons v. Ogden (1824), which confirmed the power of Congress to regulate commerce. Also of importance was Marshall's decision in the Dartmouth College Case (1819), which protected state-granted charters from impairment by state legislatures.

Sections in this article:

• Introduction
• The Current Court
• The 1950s to the PresentThe 1950s and 1960s: Civil Liberties and Criminal Procedure
• The Roosevelt Years
• From the Civil War to the 1940s1937
• The Court under Taney
• The Court under Marshall
• Early Years to the Civil War
• Membership
• Functions
• Procedures
• Scope and Jurisdiction
• Bibliography

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