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Product Identifiers

PublisherOxford University Press, Incorporated

ISBN-100190699485

ISBN-139780190699482

eBay Product ID (ePID)25038249639

Product Key Features

Number of Pages344 Pages

LanguageEnglish

Publication NameSpirit of the Constitution : John Marshall and the 200-Year Odyssey of Mcculloch V. Maryland

SubjectConstitutional, Government / General, Lawyers & Judges, United States / General

Publication Year2019

TypeTextbook

Subject AreaLaw, Biography & Autobiography, History

AuthorDavid S. Schwartz

FormatHardcover

Dimensions

Item Height1.3 in

Item Weight21.6 Oz

Item Length6.1 in

Item Width9.3 in

Additional Product Features

Intended AudienceScholarly & Professional

LCCN2019-004959

Reviews"David Schwartz has written an indispensable study of the single most important Supreme Court case in the canon. As such, he delineates not only the meaning and importance of the case in 1819, but also the use made of it over the next two centuries as it became a central myth and symbol of the very meaning of American constitutionalism."--Sanford Levinson, author of Framed: America's 51 Constitutions and the Crisis of Governance"With compelling clarity, David Schwartz uses the many re-interpretations of McCulloch v. Maryland to illuminate the whole arc of American constitutional development, and draws a surprising but vital conclusion: it is wiser to look to the precedents set by elected legislative and executive officials, as well as our current needs, to decide what our constitutional system requires to fulfill its great goals-rather than asking 'what would John Marshall do?'"--Rogers M. Smith, Christopher H. Browne Distinguished Professor of Political Science, University of Pennsylvania and President, American Political Science Association, 2018-2019"Professor Schwartz brilliantly shows that courts and scholars have gotten Chief Justice Marshall's famous opinion in McCulloch v Maryland wrong and misunderstood its role in the Court's history. This remarkable work of history is a must-read for anyone interested in constitutional law because Schwartz's findings should have profound consequences for Supreme Court decisionmaking in areas ranging from health care to federalism to civil rights. This is a major contribution."--William M. Treanor, Paul Dean Professor and Dean and Executive Vice President, Georgetown University Law Center"Professor Schwartz's book challenges the thinking of those who believe that the towering Marshall Court decision in McCulloch v. Maryland stands for legal principles that are clear and specific. It carefully explores the ambiguities in the Court's opinion and, in the process, illuminates some of the most fundamental problems-too often slighted or denied-of American constitutionalism. It is particularly valuable in its convincing demonstration of the impact that slavery had on the development of Commerce Clause jurisprudence, especially when that influence was not immediately apparent in the cases and often neither acknowledged nor recognized by the formal law."--Edward A. Purcell, Jr., Joseph Solomon Distinguished Professor of Law, New York Law School, "David Schwartz has written an indispensable study of the single most important Supreme Court case in the canon. As such, he delineates not only the meaning and importance of the case in 1819, but also the use made of it over the next two centuries as it became a central myth and symbol of the very meaning of American constitutionalism."--Sanford Levinson, author of Framed: America's 51 Constitutions and the Crisis of Governance "With compelling clarity, David Schwartz uses the many re-interpretations of McCulloch v. Maryland to illuminate the whole arc of American constitutional development, and draws a surprising but vital conclusion: it is wiser to look to the precedents set by elected legislative and executive officials, as well as our current needs, to decide what our constitutional system requires to fulfill its great goals-rather than asking 'what would John Marshall do?'"--Rogers M. Smith, Christopher H. Browne Distinguished Professor of Political Science, University of Pennsylvania and President, American Political Science Association, 2018-2019 "Professor Schwartz brilliantly shows that courts and scholars have gotten Chief Justice Marshall's famous opinion in McCulloch v Maryland wrong and misunderstood its role in the Court's history. This remarkable work of history is a must-read for anyone interested in constitutional law because Schwartz's findings should have profound consequences for Supreme Court decisionmaking in areas ranging from health care to federalism to civil rights. This is a major contribution."--William M. Treanor, Paul Dean Professor and Dean and Executive Vice President, Georgetown University Law Center "Professor Schwartz's book challenges the thinking of those who believe that the towering Marshall Court decision in McCulloch v. Maryland stands for legal principles that are clear and specific. It carefully explores the ambiguities in the Court's opinion and, in the process, illuminates some of the most fundamental problems-too often slighted or denied-of American constitutionalism. It is particularly valuable in its convincing demonstration of the impact that slavery had on the development of Commerce Clause jurisprudence, especially when that influence was not immediately apparent in the cases and often neither acknowledged nor recognized by the formal law."--Edward A. Purcell, Jr., Joseph Solomon Distinguished Professor of Law, New York Law School, "With compelling clarity, David Schwartz uses the many re-interpretations of McCulloch v. Maryland to illuminate the whole arc of American constitutional development, and draws a surprising but vital conclusion: it is wiser to look to the precedents set by elected legislative and executive officials, as well as our current needs, to decide what our constitutional system requires to fulfill its great goals-rather than asking 'what would John Marshall do?'"--Rogers M. Smith, Christopher H. Browne Distinguished Professor of Political Science, University of Pennsylvania and President, American Political Science Association, 2018-2019 "David Schwartz has written an indispensable study of the single most important Supreme Court case in the canon. As such, he delineates not only the meaning and importance of the case in 1819, but also the use made of it over the next two centuries as it became a central myth and symbol of the very meaning of American constitutionalism."--Sanford Levinson, author of Framed: America's 51 Constitutions and the Crisis of Governance "Professor Schwartz's book challenges the thinking of those who believe that the towering Marshall Court decision in McCulloch v. Maryland stands for legal principles that are clear and specific. It carefully explores the ambiguities in the Court's opinion and, in the process, illuminates some of the most fundamental problems-too often slighted or denied-of American constitutionalism. It is particularly valuable in its convincing demonstration of the impact that slavery had on the development of Commerce Clause jurisprudence, especially when that influence was not immediately apparent in the cases and often neither acknowledged nor recognized by the formal law."--Edward A. Purcell, Jr., Joseph Solomon Distinguished Professor of Law, New York Law School, "David Schwartz has written an indispensable study of the single most important Supreme Court case in the canon. As such, he delineates not only the meaning and importance of the case in 1819, but also the use made of it over the next two centuries as it became a central myth and symbol of the very meaning of American constitutionalism."--Sanford Levinson, author of Framed: America's 51 Constitutions and the Crisis of Governance"With compelling clarity, David Schwartz uses the many re-interpretations of McCulloch v. Maryland to illuminate the whole arc of American constitutional development, and draws a surprising but vital conclusion: it is wiser to look to the precedents set by elected legislative and executive officials, as well as our current needs, to decide what our constitutional system requires to fulfill its great goals-rather than asking 'what would John Marshalldo?'"--Rogers M. Smith, Christopher H. Browne Distinguished Professor of Political Science, University of Pennsylvania and President, American Political Science Association, 2018-2019"Professor Schwartz brilliantly shows that courts and scholars have gotten Chief Justice Marshall's famous opinion in McCulloch v Maryland wrong and misunderstood its role in the Court's history. This remarkable work of history is a must-read for anyone interested in constitutional law because Schwartz's findings should have profound consequences for Supreme Court decisionmaking in areas ranging from health care to federalism to civil rights. This is amajor contribution."--William M. Treanor, Paul Dean Professor and Dean and Executive Vice President, Georgetown University Law Center"Professor Schwartz's book challenges the thinking of those who believe that the towering Marshall Court decision in McCulloch v. Maryland stands for legal principles that are clear and specific. It carefully explores the ambiguities in the Court's opinion and, in the process, illuminates some of the most fundamental problems-too often slighted or denied-of American constitutionalism. It is particularly valuable in its convincing demonstration of theimpact that slavery had on the development of Commerce Clause jurisprudence, especially when that influence was not immediately apparent in the cases and often neither acknowledged nor recognized by the formallaw."--Edward A. Purcell, Jr., Joseph Solomon Distinguished Professor of Law, New York Law School

TitleLeadingThe

Dewey Edition23

IllustratedYes

Dewey Decimal342.73052

Table Of ContentIntroduction: "The Letter and Spirit of the Constitution"Part I: Defensive NationalismChapter 1: "The Case Now to be Determined": the Elusive Meaning of McCulloch v. MarylandChapter 2: "A Question Perpetually Arising": Constitutional Politics and Law, circa 1819Chapter 3: "Has Congress Power to Incorporate a Bank?": the McCulloch Oral Argument and OpinionChapter 4: "As Far as Human Prudence Could Insure": The Retreat from Implied PowersPart II: Disappearance and RevivalChapter 5: "The Baneful Influence of this Narrow Construction": McCulloch in the Age of Jackson, 1832-1860Chapter 6: "The Various Crises of Human Affairs": McCulloch and the Civil War Chapter 7: "The Government of All": the Rise and Fall of Reconstruction, 1865-1883 Chapter 8: "Acting Directly on the People": Neo-Whig Nationalism, 1868-1888 Chapter 9: "The Painful Duty of this Tribunal": The Emergence of Judicial Supremacy, 1884-1901 Part III: The Canonical CaseChapter 10: "Some Choice of Means": The Lochner Era and ProgressivismChapter 11: "Withholding the Most Appropriate Means": The New Deal and Judicial Crisis, 1932-1936Chapter 12: "It is a Constitution We Are Expounding": the Triumph of the Capable Constitution, 1937-1968Chapter 13: "A Splendid Bauble": McCulloch in the Long Conservative Court, 1969-2018Conclusion: "As Long as Our System Shall Exist"

Synopsis2019 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- -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., 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., 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 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., 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.

LC Classification NumberKF4565.S39 2019