Gibbons v. Ogden

Audience

The Gibbons v. Ogden case was argued and adjudicated with a national audience in mind. In their invocation of the founding generation, the American Revolution, and the creation of the U.S. Constitution, attorneys like Webster and Emmet hoped to convince the American public of the righteousness of their causes. Furthermore, John Marshall recognized the importance of crafting a decision that would result in maximum public support. At that time, despite the formidable knowledge of the Supreme Court justices, the judiciary remained the weakest branch of the federal government. The concept of judicial supremacy was still a novel idea, and the Supreme Court had to inspire rather than compel the obedience of the states and the American public. Furthermore, the Marshall Court had issued several unpopular decisions in recent years, such as McCulloch v. Maryland (1819), Cohens v. Virginia (1821), and Green v. Biddle (1823).

Marshall accordingly handed down a broadly worded decision that appealed to many Americans. For instance, therein, he highlights the plain and common language used by the framers in the creation of the Constitution to show that they enjoyed widespread approval from the American public. He also depicts the ratification of the Constitution as an event in which the public expressed support for the new federal government and its commerce policies. Marshall also aimed part of his opinion at states' rights enthusiasts, warning them that a governmental structure that lacked the power to effectively carry out its powers was no government at all.