John Marshall and the Constitution: A Chronicle of the Supreme Court

By Edward S. Corwin | Go to book overview
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CHAPTER IX
EPILOGUE

IN the brief period of twenty-seven months following the death of Marshall the Supreme Court received a new Chief Justice and five new Asso ciate Justices. The effect of this change in personnel upon the doctrine of the Court soon became manifest. In the eleventh volume of Peters Re­> ports, the first issued while Roger B. Taney was Chief Justice, are three decisions of constitutional cases sustaining state laws which on earlier argument Marshall had assessed as unconstitutional. The first of these decisions gave what was designated "the complete, unqualified, and exclusive" power of the State to regulate its "internal police" the right of way over the "commerce clause"1; the second practically nullified the constitutional prohibition against "bills of credit" in deference to the same high prerogative2; the third curtailed

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1
Milton vs. New York, 11 Peters, 102.
2
Briscoe vs. Bank of Kentucky, 11 Peters, 257.

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