_McCulloch v. Maryland_ (1819) has long been recognized to be one of
the most significant decisions ever handed down by the United States
Supreme Court. Indeed, many scholars have argued it is the greatest
opinion handed down by the greatest Chief Justice, in which he
declared the act creating the Second Bank of the United States
constitutional and Maryland's attempt to tax it unconstitutional.
Although it is now recognized as the foundational statement for a
strong and active federal government, the immediate impact of the
ruling was short-lived and widely criticized. Placing the decision and
the public reaction to it in their proper historical context, Richard
E. Ellis finds that Maryland, though unopposed to the Bank, helped to
bring the case before the Court and a sympathetic Chief Justice, who
worked behind the scenes to save the embattled institution. Almost all
treatments of the case consider it solely from Marshall's perspective,
yet a careful examination reveals other, even more important issues
that the Chief Justice chose to ignore. Ellis demonstrates that the
points which mattered most to the States were not treated by the
Court's decision: the private, profit-making nature of the Second
Bank, its right to establish branches wherever it wanted with immunity
from state taxation, and the right of the States to tax the Bank
simply for revenue purposes. Addressing these issues would have
undercut Marshall's nationalist view of the Constitution, and his
unwillingness to adequately deal with them produced immediate,
widespread, and varied dissatisfaction among the States. Ellis argues
that Marshall's "aggressive nationalism" was ultimately
counter-productive: his overreaching led to Jackson's democratic
rejection of the decision and failed to reconcile states' rights to
the effective operation of the institutions of federal governance.
Elegantly written, full of new information, and the first in-depth
examination of _McCulloch v. Maryland_, _Aggressive Nationalism_
offers an incisive, fresh interpretation of this familiar decision
central to understanding the shifting politics of the early republic
as well as the development of federal-state relations, a source of
constant division in American politics, past and present.
Les mer
McCulloch v. Maryland and the Foundation of Federal Authority in the Young Republic
Produktdetaljer
ISBN
9780190295868
Publisert
2020
Utgiver
Vendor
Oxford University Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter