[Congressional Record Volume 149, Number 170 (Friday, November 21, 2003)]
[Senate]
[Pages S15500-S15502]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           CHIEF JUSTICE JOHN MARSHALL COMMEMORATIVE COIN ACT

  Mr. FRIST. Mr. President, I ask unanimous consent that the Banking 
Committee be discharged from further consideration of S. 1531 and that 
the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1531) to require the Secretary of the Treasury 
     to mint coins in commemoration of Chief Justice John 
     Marshall.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. HATCH. Mr. President, I rise today in strong support of S. 1531, 
the Chief Justice John Marshall Commemorative Coin Act. I am the 
sponsor of this significant legislation and I believe its passage is 
indeed a tribute to the most important Chief Justice to serve on the 
Supreme Court of the United States since our nation's founding.
  John Marshall served as the fourth Chief Justice of the Supreme Court 
for over 34 years. He is the longest serving Chief Justice in our 
Nation's history. Throughout his years on the Supreme Court, he 
authored over 500 opinions, many of which significantly impacted the 
operations and interpretations of the Constitution. He was a 
distinguished leader who made a lasting impression on the Supreme 
Court.
  For example, probably Marshall's most famous opinion, Marbury v. 
Madison, instilled in the Supreme Court the authority to review the 
constitutionality of congressional acts and instituted the doctrine of 
judicial review. Without judicial review, the Supreme Court and the 
lower courts of our great nation would not have the ability to uphold 
and sustain the Constitution and stop any unauthorized intrusion into 
the sacred freedoms that great document protects.
  The Marshall Court decided numerous landmark and historically 
significant cases that have forever fashioned the Nation's 
constitutional law and history--including McCullough v. Maryland, 
Cohens v. Virginia, Stuart v. Laird, Dartmouth College v. Woodward, and 
Gibbons v. Ogden, just to name a few. These cases are still cited today 
by our Federal courts and State courts as impressive precedents 
important to recognize that establish significant legal doctrines and 
relevant constitutional interpretations.
  Chief Justice Marshall is not only the longest serving Chief Justice 
in the history of the United States, but he has authored more opinions 
for the Court than any other Chief Justice in the Supreme Court's 
history. That impressive record remains in place today.
  It is noteworthy to recognize that Chief Justice Marshall also 
introduced and implemented the practice of allowing one justice to 
speak for the Court while having the remaining justices either sign on 
to that opinion or issue their own concurring or dissenting opinion. 
Prior to Chief Justice Marshall's tenure, Justices usually wrote their 
own opinions and a party in a case had to thoroughly study the 
particular nuances in each individual Justice's opinion in order to 
discover which side prevailed.
  Chief Justice Marshall was also a Revolutionary War veteran, Envoy 
Extraordinary and Minister Plenipotentiary to France, Member of the 
United States House of Representatives, and Secretary of State under 
President John Adams.
  I believe minting a coin is a fitting honor for the Great Chief 
Justice. This coin will commemorate the 250th anniversary of the birth 
of Chief Justice Marshall, which will take place in the year 2005.
  This legislation will allow the Supreme Court Historical Society to 
receive the necessary revenue it needs for worthwhile endeavors. The 
Supreme Court Historical Society is an established national 
organization whose programs and endeavors benefit Americans in every 
State in the Union. The Supreme Court Historical Society operates a 
Summer Institute for Teachers, with brings teachers from across the 
nation to Washington to study the Supreme Court and the Constitution 
first hand. This particular program helps to improve public school 
education about the role and importance of the Court in our Government.
  The Supreme Court Historical Society collects antiques and historical 
artifacts for the use of the Court Curator's educational displays at 
the Supreme Court Building. There are still many artifacts and antiques 
that would preserve the precious history of the Court that the Society 
lacks the funds to acquire.
  The Supreme Court Historical Society also holds public lectures at 
the Supreme Court Building and around the country which usually feature 
current Justices on the Supreme Court and other important leaders in 
constitutional and legal scholarship.
  The Chief Justice John Marshall Commemorative Coin Act will allow for 
400,000 coins bearing the likeness of the Great Chief Justice, John 
Marshall, in 2005, with a surcharge of $10 per coin. The sale of these 
coins has the capability to produce nearly $4,000,000 in direct support 
of the Supreme Court Historical Society's programs and functions.
  Furthermore, I put a provision in this bill to ensure that there is 
no net

[[Page S15501]]

cost to the Federal Government in minting this coin. This provision is 
important, especially in a time when many are concerned about 
controlling deficit spending and making sure Congress does not unduly 
burden the American people with unnecessary debt.
  Never in the history of this country has a coin been minted focusing 
on the history of the Supreme Court or on its profound influence on our 
constitutional form of government. Unless citizens have some form of 
legal training or a scholarly interest, the Supreme Court and our 
Federal courts are usually the least understood of the three branches 
of the government. Yet what it does has an impact, both direct and 
indirect, on the rights of every citizen.
  The Chief Justice John Marshall Commemorative Coin Act has the 
support of every sitting Justice on the Supreme Court of the United 
States. It is likewise supported by the Citizens Commemorative Coin 
Advisory Committee and the former Solicitors General across party 
lines.
  I encourage my colleagues to support this bill, as many have. I am 
confident this bill will benefit the entire country and as it will help 
preserve and protect the history of the Supreme Court of the United 
States.
  Mr. LEAHY. Mr. President, I am pleased that the Senate has passed the 
John Marshall Commemorative Coin Act, S. 1531.
  As an original cosponsor of the John Marshall Commemorative Coin Act, 
I have worked closely with Senator Hatch to do all that we possibly can 
to speedily pass it into law.
  This bill authorizes the Treasury Department to mint and issue coins 
in honor of Chief Justice John Marshall in the year 2005. Funds raised 
by sale of the coin will support the Supreme Court Historical Society. 
Sales of the coin also cover all of the costs of minting and issuing 
these coins, so that the American taxpayer is not bearing any cost 
whatsoever of this commemoration.
  That sales of a coin that bears the likeness of Chief Justice 
Marshall will be used to the support of the Supreme Court Historical 
Society is fitting. The society is a nonprofit 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 Nation's 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. 
John Marshall is known as ``the great Chief Justice'' of the Supreme 
Court. Marshall served on the bench for 34 years and established many 
of the constitutional doctrines we revere today. He is best known and 
respected for the fundamental principles of checks and balance of our 
democratic government.
  In our successful efforts to gender support for the bill, we gained 
over 75 cosponsors in the U.S. Senate. Given the noble cause, it was 
not a hard sell. Yet, the sheer numbers of bipartisan supporters are a 
fitting tribute to the Great Chief Justice John Marshall. We are happy 
to assist a worthwhile organization like the Supreme Court Historical 
Society.
  I thank all the Senators who supported this bill--too numerous to 
name. I also thank the Supreme Court Historical Society for its 
dedication to this important cause.
  Mr. FRIST. Mr. President, I ask unanimous consent that the bill be 
read a third time and passed, the motion to reconsider be laid upon the 
table, and that any statements relating to the bill be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1531) was read the third time and passed, as follows:
       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--
       (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

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     by the Federal Deposit Insurance Corporation, the Federal 
     Savings and Loan Insurance Corporation, or the National 
     Credit Union Administration Board.

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