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Aggressive Nationalism - McCulloch v. Maryland and the Foundation of Federal Authority in the Young Republic (Hardcover, New)
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Aggressive Nationalism - McCulloch v. Maryland and the Foundation of Federal Authority in the Young Republic (Hardcover, New)
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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 our greatest Chief Justice. Much of
this praise is merited for it is brilliantly argued, far reaching
in its implications, and unusually eloquent. While Marshall,
dedicated to the vision of a powerful and growing nation,
ultimately laid the foundation for the living constitution, the
impact of the opinion in his own time was short-lived. Almost all
treatments of the case consider it from the vantage point of Chief
Marshall's decision in which he famously declared the act creating
the Second Bank of the United States constitutional and Maryland's
attempt to tax it unconstitutional. Yet a careful examination of
the context in which the case emerged reveals other, even more
important issues involved that Marshall chose to ignore: the
private profit making nature of the Second Bank of the United
States; the power of the Bank to create branches in the states
without their consent, which many people viewed as a direct assault
upon the sovereignty of the states; and the differences between a
tax levied by a state for the purposes of raising revenue and one
which was meant to destroy the operations of the branches of the
Bank. Addressing these issues most likely would have undercut
Marshall's extreme nationalist view of the constitution, and his
unwillingness to adequately deal with them produced immediate,
widespread, yet varied dissatisfaction among the States. These
issues are particularly important as the Supreme Court was forced
to rehear them in Osborn et. al. v. Bank of the United States
(1824) and they also formed the basis for Andrew Jackson's famous
veto for the re-chartering of the Bank in 1832. Not only the first
in-depth examination of McCulloch v. Maryland, but also a new
interpretation of this familiar and landmark decision, this sharply
argued book provides much new information and fresh insight into a
source of constant division in American politics, past and present.
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