Presidential Biographies | Monroe Administrations - Monroe and the Judiciary

Monroe and the Judiciary

During Monroe's presidency, little of his attention was devoted to judicial matters outside of appointments to the federal courts. He made one appointment to the Supreme Court, Smith Thompson of New York, who served from 1823 to 1843. Notable as Monroe was for his constitutional literalism and strict construction, he stayed well out of judicial business, as it was not a presidential concern. Paradoxically, it was during Monroe's presidency that the Supreme Court handed down two decisions that permitted the government to greatly expand the scope of its power and control. One was Cohens v. Virginia (1821), in which the Court ruled that it had the authority to take appeals from state courts. This ruling was based on the grounds that the Constitution, laws, and treaties of the United States could only be uniformly applied and remain supreme if the Supreme Court could review the actions of state...