Supreme Court Review

Article Title

Judicial Federalism under Marshall and Taney


The Supreme Court during the Chief Justiceship of John Marshall (1801–35) is associated with endorsement of broad regulatory powers in Congress and broad federal question jurisdiction in the federal courts under Article III. By contrast, the successor Court under Chief Justice Roger Taney (1836–64) remains tied to its determination in Dred Scott that Congress lacked powers to enact the Missouri Compromise prohibiting slavery in certain of the territories acquired after promulgation of the Constitution, and to Taney’s opinion that descendants of African slaves could never be citizens who could invoke the federal courts’ diversity of citizenship jurisdiction.

Full text not available in ChicagoUnbound.