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Difficulty: MediumThe Marshall Court and Judicial Nationalism

Read the following excerpt from the Supreme Court decision in *Cohens v. Virginia* (1821):

'That the United States form, for many, and for most important purposes, a single nation, has not yet been denied. In war, we are one people. In making peace, we are one people. In all commercial regulations, we are one and the same people. ... America has chosen to be, in many respects, and to many purposes, a nation; and for all these purposes, her government is complete; for all these objects, it is supreme.'

Which of the following developments from 1800 to 1848 best reflects the nationalistic legal reasoning expressed in this excerpt?

  1. A
    The limitation of federal regulatory powers over trade to protect state-chartered transportation monopolies.
  2. The consolidation of federal judicial authority to review and override decisions made by state courts.Answer
  3. C
    The triumph of strict constructionist constitutional arguments that reduced the size of the national government.
  4. D
    The restoration of a governing system resembling the Articles of Confederation where states retained supreme sovereignty.

Answer

The consolidation of federal judicial authority to review and override decisions made by state courts.
The correct answer is correct because *Cohens v. Virginia* established that the federal judiciary has the constitutional authority to review and reverse state court decisions in criminal matters where federal rights are claimed. This decision was a cornerstone of judicial nationalism, confirming that the federal government is supreme over the states in matters of constitutional interpretation.

Step-by-Step Solution

1
Analyze the historical context and main argument of the provided excerpt.
The excerpt is from *Cohens v. Virginia* (1821), in which Chief Justice John Marshall argues that the United States is 'a single nation' and that the national government is 'supreme' in all its designated constitutional objects.
Understanding the core argument of the stimulus is essential to identifying the matching historical development.
2
Evaluate the choices to find which legal or political development aligns with Marshall's nationalist view of federal supremacy.
The consolidation of federal judicial power to review state court rulings directly reflects the assertion of federal supremacy over state jurisdictions.
This links the judicial nationalist ideology of the Marshall Court to its practical expansion of the Supreme Court's jurisdiction.

Key Concept

The Marshall Court's use of judicial decisions to establish the supremacy of federal law and expand the jurisdiction of the federal government over the states.
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The Marshall Court and Judicial Nationalism

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