[Congressional Record Volume 150, Number 97 (Wednesday, July 14, 2004)]
[House]
[Pages H5779-H5781]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
JOHN MARSHALL COMMEMORATIVE COIN ACT
Mr. CASTLE. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 2768) to require the Secretary of the Treasury to mint coins
in commemoration of Chief Justice John Marshall, as amended.
The Clerk read as follows:
H.R. 2768
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 ``John Marshall Commemorative
Coin Act''.
SEC. 2. FINDINGS.
The Congress hereby finds as follows:
(1) John Marshall served as the Chief Justice of the United
States Supreme Court from 1801 to 1835, the longest tenure of
any Chief Justice in the Nation's history.
(2) John Marshall authored more than 500 opinions,
including virtually all of the most important cases decided
by the Supreme Court during his tenure.
(3) Under his leadership, the Supreme Court of the United
States gave shape to the fundamental principles of the
Constitution, most notably the principle of judicial review.
(4) John Marshall's service to the United States--not only
as a Chief Justice, but also as a soldier in the
Revolutionary War, as a Member of Congress, and as Secretary
of State--truly 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 (hereafter 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 immeasurable contributions to the Constitution of the
United States and the Supreme Court of the United States.
[[Page H5780]]
(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 Coin 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 1 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 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 issued 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(a) 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 issued 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 prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Marketing.--The Secretary, in cooperation with the
Legacy Fund of the Library of Congress, shall develop and
implement a marketing program to promote and sell the coins
issued under this Act both within the United States and
internationally.
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) supporting historical research and educational programs
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).
(d) Limitation.--Notwithstanding subsection (a), no
surcharge may be included with respect to the issuance under
this Act of any coin during a calendar year if, as of the
time of such issuance, the issuance of such coin would result
in the number of commemorative coin programs issued during
such year to exceed the annual 2 commemorative coin program
issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment
of this Act). The Secretary of the Treasury may issue
guidance to carry out this subsection.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Delaware (Mr. Castle) and the gentleman from Georgia (Mr. Scott) each
will control 20 minutes.
The Chair recognizes the gentleman from Delaware (Mr. Castle).
General Leave
Mr. CASTLE. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous material on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Delaware?
There was no objection.
Mr. CASTLE. Madam Speaker, I yield myself such time as I may consume.
I do rise in strong support of this legislation, the John Marshall
Commemorative Coin Act, authored by the gentleman from Alabama (Mr.
Bachus), and urge its immediate passage.
The legislation directs the Secretary of the Treasury to strike and
issue, in 2005, silver one-dollar coins with a design emblematic of
Chief Justice John Marshall, denoting the 250th anniversary of that
great man's birth. Proceeds from the collection of surcharges on the
sale of the coins will go, after matching funds are raised, to benefit
the work of the Supreme Court Historical Society.
I would like to note that in addition to the broad bipartisan support
for this legislation, in this Chamber and in the other body, we had a
rather remarkable witness in the Subcommittee on Domestic and
International Monetary Policy at a March hearing on this bill. For the
first time in my memory, a Chief Justice of the Supreme Court testified
before a committee other than that of the Committee on the Judiciary.
Chief Justice Rehnquist gave a learned and enthusiastic presentation on
behalf of the legislation.
Madam Speaker, John Marshall, known as ``the Great Chief Justice,''
served as Chief Justice of the United States for 34 years, from 1801 to
1835. Born in the Blue Ridge hills of Virginia, he had little formal
education but served as a captain of an artillery company in the
battles of Brandywine and Monmouth and spent the winter with General
Washington at Valley Forge during the Revolutionary War and briefly
studied law after the war before being elected a Member of Congress
from Virginia. At the time of his appointment as Chief Justice, he was
Secretary of State to President Adams.
As Chief Justice Rehnquist reminded us, due mostly to Chief Justice
Marshall, the Federal judiciary headed by the Supreme Court is regarded
as a coequal branch of the Federal government, but in the first decade
of this country the judiciary was much a junior partner.
Chief Justice Marshall is best known as the author of the Court's
opinion in the famous case of Marbury v. Madison decided in 1803, known
as the fountainhead of all of our present-day constitutional law
because it established the doctrine of judicial review, the authority
of the Federal courts to declare legislative acts unconstitutional.
Ultimately, Chief Justice Marshall wrote more than 500 opinions and,
as Chief Justice Rehnquist reminded us, Oliver Wendell Holmes once
said, ``If American law were to be represented by a single figure,
skeptic and worshipper alike would agree without dispute that the
figure could be one alone, and that one John Marshall.''
Madam Speaker, this legislation is supported by more than 300
bipartisan cosponsors and the full Committee on Financial Services by
voice votes. I urge its immediate passage.
Madam Speaker, I reserve the balance of my time.
Mr. SCOTT of Georgia. Madam Speaker, I yield myself such time as I
may consume.
Madam Speaker, I certainly want to thank the distinguished gentleman
from Delaware (Mr. Castle) for his eloquent remarks concerning Mr.
Marshall.
I rise in support and I am happy to be a cosponsor of this bipartisan
legislation, H.R. 2768, which authorizes the minting and sale of
commemorative coins honoring the great Chief Justice John Marshall.
A Virginian, John Marshall served as Chief Justice of the Supreme
Court for 34 years, from 1801 through 1835, which was the longest
tenure of any Chief Justice.
Chief Justice Marshall served this country with distinction in all
three branches of government. After serving General George Washington
as an artillery captain during the Revolutionary War, he studied law
and was elected as a Member of Congress from Virginia and was Secretary
of State when President John Adams named him Chief Justice.
Chief Justice Marshall is widely regarded as the person who elevated
the Supreme Court's status to that of an equal partner with the
legislative and executive branches.
In the landmark Marbury v. Madison decision, written 2 years after he
became Chief Justice, Marshall laid the legal groundwork for modern-day
constitutional law and established the doctrine of judicial review.
Surcharge proceeds from the sale of these coins, which can
conservatively be estimated at $1.5 million, are to be paid to the
Supreme Court Historical Society. The Society is a nonprofit
association dedicated to collecting and preserving the history of the
Supreme
[[Page H5781]]
Court and to providing public education on the history of the
Constitution and the judiciary.
Specifically, the surcharges will be used to enable the Society to
support historical research and education programs about the Court and
the Constitution and related topics to support fellowship programs,
internships, and documents of the Court, and to collect and preserve
antiques and artifacts and other historical items related to the Court
and the Constitution. John Marshall, a most deserving recognition for a
most deserving American.
Madam Speaker, I reserve the balance of my time.
Mr. CASTLE. Madam Speaker, I have no further speakers at this time,
but I would like to do something. The sponsor of the legislation could
not be here tonight, the gentleman from Alabama (Mr. Bachus), and was
very interested in being able to speak, and I will submit for the
Record those remarks.
Mr. OXLEY. Madam Speaker, I rise today in strong support of H.R.
2768, the ``John Marshall Commemorative Coin Act,'' introduced by the
gentleman from Alabama, Mr. Bachus, and urge its immediate passage.
Mr. Speaker, no school child of my age, or probably even of today,
does not know of the famous Marbury vs. Madison decision, written by
Chief Justice John Marshall, that established the principle of judicial
review and made the Supreme Court, and the Federal judiciary, a co-
equal branch of government.
I think, though, that even law students probably do not know that as
the country's first Chief Justice, John Marshall wrote more than 500
opinions, truly making the court the great institution it is today
during his 34 years of service in that post.
Just as importantly, I am certain that few know of the great efforts
by the Supreme Court Historical Society, which preserves court
memorabilia, provides docents for the court building and offers
conservation for some truly valuable items held by the society--here I
am thinking particularly of a striking portrait of John Marshall
himself.
Surcharge income from the sale of the coins authorized in this
legislation will help preserve those items and preserve the true
history of the court, a history for which John Marshall's own hand
scrawled the first bold strokes.
I would like to congratulate Mr. Bachus for his legislation and for
all the hard work to get the co-sponsorship of more than 500 Members of
this body, and as well to thank Chairman Thomas for his help in
expediting consideration of the bill. With that, I urge immediate
passage of this legislation.
Mr. GUTIERREZ. Madam Speaker, the resolution we are considering
today, H.R. 2768, provides for the minting of a commemorative coin to
honor the life and legacy of Chief Justice John Marshall, an important
figure in United States history. He was a soldier during the
Revolutionary War, a member of Congress, and Secretary of State before
serving as chief justice for 34 years, the longest period of any
justice in our Nation's history. He authored more than 500 opinions,
which helped shape the fundamental principles of the Constitution, most
notably the principle of judicial review. His leadership helped set the
course for our court to become the powerful and prestigious institution
that it is today.
Most Chicagoans recognize the name John Marshall as that of the John
Marshall Law School, located in the heart of the city's legal and
financial district. This institution has a long and continuous
tradition of diversity, innovation and opportunity. Students receive an
education that combines an understanding of the theory, the philosophy
and the practice of law. Alumni from John Marshall Law School are
active participants in local and national politics.
I initially became aware of this bill through alumni of John Marshall
Law School. I have since become a strong supporter because not only
does it honor Marshall's legacy, but it also has the potential to
generate millions of dollars for the Supreme Court Historical Society.
I believe the Society is an important tool for all Americans. It helps
keep us educated and informed of our Nation's highest court and its
activities.
As I spoke to other offices about this legislature, I was pleased to
be able to secure an additional 40 cosponsors for this bill, helping to
move it forward. However, I am disappointed that it took so long to get
it past the House Financial Services Committee, which reported it out
on April 27, 2004. I would have liked such a worthy, bipartisan issue
to have been brought on the floor for voting much sooner. Nonetheless,
I am pleased to be standing here in front of you today and I urge you
to support this honorable and worthy legislation.
Mr. BACHUS. Madam Speaker, I rise today as a sponsor of H.R. 2768,
the John Marshall Commemorative Coin Bill. The Citizens Commemorative
Coin Advisory Committee has recommended that a coin commemorating the
250th anniversary of Chief Justice John Marshall be minted in 2005.
John Marshall's service to United States--not only as Chief Justice,
but also as a soldier in the Revolutionary War, as a Member of
Congress, and as Secretary of State--truly makes him one of the most
unique and important figures in our Nation's history. A commemorative
coin in his honor would be a fitting way to mark the 250th anniversary
of his birth.
One occasionally hears the expression that an institution is the
lengthened shadow of a individual. One would be remiss in suggesting
that an institution such as the Supreme Court, an institution that has
endured for over 200 years, could be the lengthened shadow of any one
individual; but surely if there is one individual who could possibly
qualify for such a distinction, it would be John Marshall.
John Marshall served as Chief Justice of the United States Supreme
Court from 1801 to 1835, much of that time spent in this very building,
holding the longest tenure of any Chief Justice in the Nation's
history. He authored more than 500 opinions, including virtually all of
the most important cases that the Court decided during his tenure.
Under his leadership, the Supreme Court gave shape to the fundamental
principles of the Constitution.
Neither Marshall nor the Court has previously been honored with a
commemorative coin. One in his honor would be a fitting way to mark the
250th anniversary of his birth. Furthermore, to those concerned with
the expense incurred from the creation of this coin, surcharges
received by the Secretary from the sale of the coins will be paid by
the Secretary of Treasury to the Supreme Court Historical Society to
support historical research and educational programs about the Supreme
Court and the Constitution of the United States; to support fellowship
programs, internships, and docents at the Supreme Court; and to collect
and preserve antiques, artifacts, and other historical items related to
the Supreme Court and the Constitution of the United States. I urge my
colleagues to strongly support this legislation.
Mr. SCOTT of Georgia. Madam Speaker, I have no further requests for
time, so I yield back the balance of my time.
Mr. CASTLE. Madam Speaker, I also yield back the balance of my time
and encourage all of the Members to vote aye in support of this
legislation.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Delaware (Mr. Castle) that the House suspend the rules
and pass the bill, H.R. 2768, as amended.
The question was taken; and, two-thirds having voted in favor
thereof, the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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