[Congressional Record (Bound Edition), Volume 150 (2004), Part 11]
[House]
[Pages 15625-15627]
[From the U.S. 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.
       (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

[[Page 15626]]

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 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

[[Page 15627]]

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.

                          ____________________