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John Marshall and the 200-year odyssey of McCulloch v. Maryland
'The Spirit of the Constitution' covers the impact and reputation of both McCulloch and Justice Marshall himself throughout American history. One of the central threads of American history is the battle over the proper reach of the federal government's power, and that story cannot be told without reference to McCulloch. Schwartz's analysis of the shifting interpretations of McCulloch and Marshall over the course of American history not only reaffirms the case's importance, it also helps us understand the circuitous process by which American constitutional law and ideology are made.
Introduction: "the letter and spirit of the Constitution" -- "The case now to be determined": John Marshall and McCulloch v. Maryland in constitutional history -- "The question perpetually arising": constitutional law and politics, 1819 -- "Has Congress power to incorporate a bank?": the McCulloch litigation and opinion -- "As far as human prudence could insure": Marshall's retreat from implied commerce powers -- "The baneful influence of this narrow construction": McCulloch in the age of Jackson, 1829-1860 -- "The various crises of human affairs": McCulloch in the Civil War -- "The government of all": the rise and fall of Reconstruction, 1865-1883 -- "Acting directly on the people": post-Civil War nationalism, 1868-1888 -- "The painful duty of this tribunal": the emergence of judicial supremacy, 1884-1901 -- "Some choice of means": the Lochner era and progressivism -- "Withholding the most appropriate means": the New Deal and judicial crisis, 1932-1936 -- "It is a Constitution we are expounding": the triumph of implied powers, 1937-1968 -- "A splendid bauble": McCulloch in the long conservative court, 1969-2018.
Includes bibliographical references and index.
McCulloch v. Maryland, 17 U.S. 316 (1819)
New York, NY : Oxford University Press, [2019]