[Congressional Record Volume 149, Number 116 (Thursday, July 31, 2003)]
[Senate]
[Pages S10656-S10658]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HATCH (for himself, Mr. Leahy, Mr. Warner, Mr. Bingaman, 
        Mr. Allen, Mr. Nelson of Nebraska, Mr. Cochran, Mr. Lautenberg, 
        Mr. Bond, Mr. Harkin, Mr. Domenici, Mr. Jeffords, Mr. 
        Chambliss, Mr. Rockefeller, Mrs. Dole, and Mr. Breaux):
  S. 1531. A bill to require the Secretary of the Treasury to mint 
coins in commemoration of Chief Justice John Marshall; to the Committee 
on Banking, Housing, and Urban Affairs.
  Mr. HATCH. Mr. President, I rise today in support of S. 1531, the 
John Marshall Commemorative Coin Act. This bill authorizes the Treasury 
Department to mint and issue coins bearing the likeness of Chief 
Justice John Marshall for the purpose of supporting the Supreme Court 
Historical Society. Sales of the coin would, in addition to raising 
funds for the Society, also cover all of the costs of minting and 
issuing these coins, so that the American taxpayer would not bear any 
cost whatsoever if this legislation were enacted.
  Justice Oliver Wendell Holmes once called John Marshall ``the great 
Chief Justice.'' After 34 years on the bench, from 1801-1835, Marshall 
earned that title by establishing many of the constitutional doctrines 
we revere today. Writing over 500 opinions, he truly made the third 
branch of government co-equal with the legislative and executive 
branches.
  Marshall's greatness lay in his ability to figure out how to put in 
practice the concept of checks and balances. In powerfully written 
decisions, the Marshall Court established several constitutional 
doctrines, forming the bedrock of contemporary jurisprudence including: 
establishing judicial review, prohibiting State taxation of the Federal 
Government, making the federal supreme court final arbiter of decisions 
issued by State supreme courts, and expounding the limits of the 
contracts and commerce clauses. Indeed, he solidified early Federalist 
ideas by defining the relationships between the Federal Government and 
the States; a position that was forgotten and is only very recently re-
emerging in our jurisprudence.
  Born in 1755, Marshall was a key player in the founding generation 
who established our constitutional government. He was an early and 
active member in the revolutionary cause, joining with the 
revolutionary army and fighting as one of George Washington's Officers 
in at least four major battles and enduring the winter at Valley Forge. 
Marshall later served as a member of Congress and as Secretary of State 
before his ascension to the Supreme Court.
  There is a no more fitting likeness for a coin that would support the 
efforts of the Supreme Court Historical Society. The Society is a non-
profit organization whose purpose is to preserve and disseminate the 
history of the Supreme Court of the United States. Founded by Chief 
Justice Warren Burger, the Society's mission is to provide information 
and historical research on our Nations highest court. The Society 
accomplishes this mission by conducting programs, publishing books, 
supporting historical research and collecting antiques and artifacts 
related to the Court's history.
  Recent research includes efforts to capture the history of the Court 
during the Franklin D. Roosevelt period, the Civil War, and the 
evolution of the Chief Justice's role on the court. Lectures and 
programs are open to the public as well as Society members. 
Additionally, the Society seeks to acquire the private papers, period 
furnishings, and art work relating to court history.
  For all of these reasons, I urge my colleagues to join with me in 
this effort to memorialize the Great Chief Justice John Marshall and 
assist a worthwhile organization like the Supreme Court Historical 
Society.
  Thank you, Mr. President, I yield the floor.
  Mr. LEAHY. Mr. President, I join my Judiciary Committee colleague 
Senator Hatch and others in introducing a bill to authorize the minting 
of a commemorative coin in honor of United

[[Page S10657]]

States Supreme Court Chief Justice John Marshall, commonly known as 
``the Great Chief Justice.''
  Marshall's contributions to our country have been noted by members of 
the executive and judicial branches. President John Quincy Adams 
described his father's appointment of Marshall to the Supreme Court as 
``one of the most important services rendered by [his father] to his 
country.'' Fellow Supreme Court Justice Joseph Story described Marshall 
in the following terms: ``Patience, moderation, candor, urbanity, 
quickness of perception, dignity of deportment, gentleness of manners, 
genius which commands respect, and learning which justifies 
confidence.'' Congress' passage of the ``John Marshall Commemorative 
Coin Act'' in honor of the upcoming 250th anniversary of his birth 
would be a fitting complement to these, and other, recognitions of 
``the Great Chief Justice's'' extraordinary accomplishments.
  Marshall presided over the Supreme Court during the formative years 
of 1801-1835. Before that time, the Supreme Court played a 
comparatively minor role in our Federal government. Under Marshall's 
leadership, the Court evolved into a powerful institution and assumed 
its role as guardian of the Constitution, and as the arbiter of 
disputes between the Federal government and the States. As one legal 
scholar commented: ``It is not inconceivable that the Supreme Court 
would have remained a minor appendage of our government, and our 
constitutional development taken a distinctly different course, but for 
the fact that John Marshall occupied the Chief Justice's chair during 
the first three decades of the nineteenth century.''
  Marshall is considered the founding father of American Constitutional 
law. To name just a few of Marshall's groundbreaking opinions, Marbury 
v. Madison the first instance in which the Supreme Court pronounced an 
act of Congress unconstitutional is the leading precedent for the 
Court's power to judge the constitutionality of legislative and 
executive acts. In McCulloch v. Maryland, Marshall asserted the right 
of the Supreme Court to decide questions involving the conflicting 
powers of the Federal and State governments, affirmed Congress' 
authority to act in furtherance of its enumerated powers, and 
established the standard for determining when the exercise of a Federal 
power limits the otherwise sovereign power of a State. In Cohens v. 
Virginia, Marshall established the authority of the Federal judiciary 
to review decisions of the highest State courts. As a final 
illustration of Marshall's many important judicial opinions, in Gibbons 
v. Ogden, he set forth Congress' power to regulate commerce among the 
States and with foreign nations.
  Aside from the specific constitutional principles Marshall 
established while on the Court, he made many other important 
contributions to American constitutional law. For example, Marshall 
advocated that judges, as ultimate guardians of the Constitution, 
should be above politics and that the role of the Nation's courts was 
to mitigate the effects of factional politics. Moreover, Marshall 
adopted an approach to constitutional interpretation termed ``fair 
construction'' which struck a middle ground between an overly 
restrictive, and an overly broad, reading of the Constitution because 
he feared that strict construction would ultimately weaken the 
Constitution and, in due course, the Nation.
  In closing, it is difficult to overstate Chief Justice Marshall's 
contributions to our Nation. Many years ago, when I read Marshall's 
opinions in my first year of law school, I admired the Chief Justice. 
Now, having served in Congress and worked within the principles 
Marshall established, I find him all the more admirable. A 
commemorative coin in his honor would be a fitting tribute to ``the 
Great Chief Justice.''
  I ask unanimous consent that the text of bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1531

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION. 1. SHORT TITLE.

       This Act may be cited as the ``Chief Justice John Marshall 
     Commemorative Coin Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) John Marshall served as the Chief Justice of the 
     Supreme Court of the United States from 1801 to 1835, the 
     longest tenure of any Chief Justice in the Nation's history;
       (2) Under Marshall's leadership, the Supreme Court 
     expounded the fundamental principles of constitutional 
     interpretation, including judicial review, and affirmed 
     national supremacy, both of which served to secure the newly 
     founded United States against dissolution; and
       (3) John Marshall's service to the nascent United States, 
     not only as Chief Justice, but also as a soldier in the 
     Revolutionary War, as a member of the Virginia Congress and 
     the United States Congress, and as Secretary of State, makes 
     him one of the most important figures in our Nation's 
     history.

     SEC. 3. COIN SPECIFICATIONS.

       (a) Denomination.--In commemoration of the 250th 
     anniversary of the birth of Chief Justice John Marshall, the 
     Secretary of the Treasury (in this Act referred to as the 
     ``Secretary'') shall mint and issue not more than 400,000 $1 
     coins, each of which shall--
       (1) weigh 26.73 grams;
       (2) have a diameter of 1.500 inches; and
       (3) contain 90 percent silver and 10 percent copper.
       (b) Legal Tender.--The coins minted under this Act shall be 
     legal tender, as provided in section 5103 of title 31, United 
     States Code.
       (c) Numismatic Items.--For purposes of sections 5134 and 
     5136 of title 31, United States Code, all coins minted under 
     this Act shall be considered to be numismatic items.

     SEC. 4. DESIGN OF COINS.

       (a) Design Requirements.--
       (1) In general.--The design of the coins minted under this 
     Act shall be emblematic of Chief Justice John Marshall and 
     his contributions to the United States.
       (2) Designation and inscriptions.--On each coin minted 
     under this Act, there shall be--
       (A) a designation of the value of the coin;
       (B) an inscription of the year ``2005''; and
       (C) inscriptions of the words ``Liberty'', ``In God We 
     Trust'', ``United States of America'', and ``E Pluribus 
     Unum''.
       (b) Selection.--The design for the coins minted under this 
     Act shall be--
       (1) selected by the Secretary, after consultation with the 
     Commission of Fine Arts, and the Supreme Court Historical 
     Society; and
       (2) reviewed by the Citizens Coinage Advisory Committee.

     SEC. 5. ISSUANCE OF COINS.

       (a) Quality of Coins.--Coins minted under this Act shall be 
     issued in uncirculated and proof qualities.
       (b) Mint Facility.--Only one facility of the United States 
     Mint may be used to strike any particular quality of the 
     coins minted under this Act.
       (c) Commencement of Issuance.--The Secretary may issue 
     coins minted under this Act beginning on January 1, 2005.
       (d) Termination of Minting Authority.--No coins may be 
     minted under this Act after December 31, 2005.

     SEC. 6. SALE OF COINS.

       (a) Sale Price.--The coins minted under this Act shall be 
     sold by the Secretary at a price equal to the sum of--
       (1) the face value of the coins;
       (2) the surcharge provided in section 7 with respect to 
     such coins; and
       (3) the cost of designing and issuing the coins (including 
     labor, materials, dies, use of machinery, overhead expenses, 
     marketing, and shipping).
       (b) Bulk Sales.--The Secretary shall make bulk sales of the 
     coins minted under this Act at a reasonable discount.
       (c) Prepaid Orders.--
       (1) In general.--The Secretary shall accept prepaid orders 
     for the coins minted under this Act before the issuance of 
     such coins.
       (2) Discount.--Sale prices with respect to pre-paid orders 
     under paragraph (1) shall be at a reasonable discount.

     SEC. 7. SURCHARGES.

       (a) In General.--All sales of coins minted under this Act 
     shall include a surcharge of $10 per coin.
       (b) Distribution.--Subject to section 5134(f) of title 31, 
     United States Code, all surcharges received by the Secretary 
     from the sale of coins issued under this Act shall be 
     promptly paid by the Secretary to the Supreme Court 
     Historical Society for the purposes of--
       (1) historical research about the Supreme Court and the 
     Constitution of the United States and related topics;
       (2) supporting fellowship programs, internships, and 
     docents at the Supreme Court; and
       (3) collecting and preserving antiques, artifacts, and 
     other historical items related to the Supreme Court and the 
     Constitution of the United States and related topics.
       (c) Audits.--The Supreme Court Historical Society shall be 
     subject to the audit requirements of section 5134(f)(2) of 
     title 31, United States Code, with regard to the amounts 
     received by the Society under subsection (b).

     SEC. 8. FINANCIAL ASSURANCES.

       (a) No Net Cost to the Government.--The Secretary shall 
     take such actions as may be necessary to ensure that the 
     minting and issuance of the coins referred to in section 3(a) 
     shall result in no net cost to the Federal Government.
       (b) Payment for the Coins.--The Secretary may not sell a 
     coin referred to in section 3(a) unless the Secretary has 
     received--

[[Page S10658]]

       (1) full payment for the coin;
       (2) security satisfactory to the Secretary to indemnify the 
     Federal Government for full payment; or
       (3) a guarantee of full payment satisfactory to the 
     Secretary from a depository institution, the deposits of 
     which are insured by the Federal Deposit Insurance 
     Corporation, the Federal Savings and Loan Insurance 
     Corporation, or the National Credit Union Administration 
     Board.
                                 ______