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Author: Bonnie Pettifor
Publisher: Enslow Publishing
Published: 2004
Total Pages: 0
ISBN-13: 9780766018877
DOWNLOAD EBOOK →Examines the Supreme Court case of 1819 in which the issue of state right came to bear on banking practices of the Bank of the United States in Maryland.
Author: Gary Schmitt
Publisher: AEI Press
Published: 2020-09-15
Total Pages: 196
ISBN-13: 0844750298
DOWNLOAD EBOOK →In recognition of the 200th anniversary of the Supreme Court’s landmark decision in McCulloch v. Maryland, AEI’s Program on American Citizenship commissioned five distinguished scholars to author essays keyed to that decision. The program hosted a panel discussion with the authors to present their initial drafts in February 2019. The chapters of this edited volume are the finalized versions of those essays.
Author: Samuel Willard Crompton
Publisher: Infobase Publishing
Published: 2009
Total Pages: 137
ISBN-13: 1438103387
DOWNLOAD EBOOK →Between 1811 and 1816, there was no national bank in the United States. A second Bank of the United States was created in 1816, but controversies over the bank, its notes, and the entire paper money system were part of what brought the Supreme Court into the debate raised by McCulloch v. Maryland. With clear language and detailed, full-color photographs, this new title in the Great Supreme Court Decisions series explores the events leading to the landmark case. Information-packed sidebars and a detailed chronology enhance the reader's historical perspective.
Author: David S. Schwartz
Publisher: Oxford University Press, USA
Published: 2019
Total Pages: 345
ISBN-13: 0190699485
DOWNLOAD EBOOK →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 historynot only reaffirms the case's importance, it also helps us understand the circuitous process by which American constitutional law and ideology are made.
Author: Randy E. Barnett
Publisher: Aspen Publishing
Published: 2023-02-28
Total Pages: 473
ISBN-13:
DOWNLOAD EBOOK →An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed historically and provides the essential background to understand how this foundational body of law has come to be what it is today. This multimedia experience combines a book and video series to engage students more directly in the study of constitutional law. All students—even those unfamiliar with American history—will garner a firm understanding of how constitutional law has evolved. An eleven-hour online video library brings the Supreme Court’s most important decisions to life. Videos are enriched by photographs, maps, and audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours.
Author: Mark Robert Killenbeck
Publisher:
Published: 2006
Total Pages: 0
ISBN-13: 9780700614721
DOWNLOAD EBOOK →Chronicles one of the first--and most famous--cases to define the reach and power of the federal government over the states. It addressed two questions: Did Congress have the authority to establish a national bank? And was the Maryland law used to tax that bank interfering with the federal government's constitutional authority? In one of Chief Justice John Marshall's most famous opinions, the Court unanimously answered yes to both questions.
Author: Susan Dudley Gold
Publisher: Marshall Cavendish
Published: 2008
Total Pages: 150
ISBN-13: 9780761425878
DOWNLOAD EBOOK →Examines the 1819 Supreme Court case McCulloch v. Maryland whereby James McCulloch, manager of the Baltimore branch of the Bank of the United States, refused to pay the tax that the state of Maryland had levied on the bank's currency.
Author: David S. Schwartz
Publisher: Oxford University Press
Published: 2019-09-06
Total Pages: 336
ISBN-13: 0190699493
DOWNLOAD EBOOK →2019 marks the 200th anniversary of one of the most important Supreme Court decisions in American history: McCulloch v. Maryland. The state of Maryland tried to impede the establishment of the Bank of the United States, but Chief Justice John Marshall decided that the Necessary and Proper clause of the Constitution gave the federal government implied powers that allowed it to charter the bank without hindrance. The decision expanded the power of the national government vis-à-vis the states, and it still figures centrally in contemporary debates about the scope of national legislative power. Indeed, Chief Justice Roberts' 2012 decision upholding the Affordable Care Act relied on it. In The Spirit of the Constitution, David S. Schwartz tells the story of the decision's long-term impact and the evolution of Justice Marshall's reputation. By tracing the rich history of McCulloch's influence from 1819 to the present, he shows that its meaning-and significance-for judges, political leaders, and the public varied greatly over time. The case was alternately celebrated, denounced, ignored, and reinterpreted to suit the needs of the moment. While Marshall was never reviled, he was not seen as especially influential until the late nineteenth century. Competing parties utilized McCulloch in constitutional debates over national power in the early republic; over the question of slavery in the late antebellum period; and over Congress's role in regulating the economy and civil rights in the twentieth century. Even after McCulloch's meaning seemed fixed by the mid-twentieth century, new debates about its implications have emerged in recent times. Schwartz's analysis of McCulloch's remarkable impact reaffirms the case's importance and unveils the circuitous process through which American constitutional law and ideology are made.
Author: Mark Tushnet
Publisher: Beacon Press
Published: 2008-06-01
Total Pages: 260
ISBN-13: 9780807000366
DOWNLOAD EBOOK →For the first time, a collection of dissents from the most famous Supreme Court cases If American history can truly be traced through the majority decisions in landmark Supreme Court cases, then what about the dissenting opinions? In issues of race, gender, privacy, workers' rights, and more, would advances have been impeded or failures rectified if the dissenting opinions were in fact the majority opinions? In offering thirteen famous dissents-from Marbury v. Madison and Brown v. Board of Education to Griswold v. Connecticut and Lawrence v. Texas, each edited with the judges' eloquence preserved-renowned Supreme Court scholar Mark Tushnet reminds us that court decisions are not pronouncements issued by the utterly objective, they are in fact political statements from highly intelligent but partisan people. Tushnet introduces readers to the very concept of dissent in the courts and then provides useful context for each case, filling in gaps in the Court's history and providing an overview of the issues at stake. After each case, he considers the impact the dissenting opinion would have had, if it had been the majority decision. Lively and accessible, I Dissent offers a radically fresh view of the judiciary in a collection that is essential reading for anyone interested in American history.
Author: Richard E. Ellis
Publisher: Oxford University Press
Published: 2007-08-22
Total Pages: 280
ISBN-13: 0190295864
DOWNLOAD EBOOK →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.
