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The Spirit of the Constitution – John Marshall and the 200-Year Odyssey of McCulloch v. Maryland - Oxford Scholarship Online
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The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. Maryland

David S. Schwartz

Abstract

McCulloch v. Maryland is widely regarded as the greatest constitutional decision ever issued by the United States Supreme Court. Written in 1819 by Chief Justice John Marshall, the ruling upheld Congress’s constitutional power to create the Second Bank of the United States, recognizing the “implied powers” of Congress and the supremacy of federal over state laws. Modern constitutional scholars believe that McCulloch established the constitutional foundation for the historic expansion of federal authority in the wake of the New Deal. But The Spirit of the Constitution argues that the nationaliz ... More

Keywords: McCulloch v. Maryland, John Marshall, federalism, states’ rights, implied powers, powers of Congress, reserved state powers, Tenth Amendment, judicial review, Constitution

Bibliographic Information

Print publication date: 2019 Print ISBN-13: 9780190699482
Published to Oxford Scholarship Online: October 2019 DOI:10.1093/oso/9780190699482.001.0001

Authors

Affiliations are at time of print publication.

David S. Schwartz, author
Professor of Law, University of Wisconsin