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Excerpt from Construction Construed, and Constitutions Vindicated The period is, indeed, by no means an agreeable one. It borrows new gloom from the apathy which seems to reign over so many of our sister states. The very sound of State Rights is scarcely ever heard among them; and by many of their eminent politicians, it is only heard to be mocked at. But a good citizen'will never despair of the republick. Among these good citizens, is John Taylor, of Caroline. Penetrated by the conviction, that the constitution is in danger; that the balance has seriously inclined towards the side of consolidation; he comes forward to commune with his countrymen, and to state to them frankly his ima pressions and his fears. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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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.
Creating the Constitution presents a different interpretation of the Convention and the First Congress, derived largely from a close reading of Farrand's Records and the Annals of Congress. Among its special features are a critical perspective on the Framers, an examination of Court Whig influence on the Federalists, the identification of a third group—the state Federalists—between the nationalists and states' righters, and a view of the First Congress as distorting the aims of the Convention.
This book describes how ideas about federalism influenced those who drafted the Australian Constitution.
Tucker, Henry St. George. Limitations on the Treaty-Making Power Under the Constitution of the United States. Boston: Little, Brown, and Company, 1915. xxi, 444 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-31589. ISBN 1-58477-015-5. Cloth. $75. * An interpretation of relevant cases and the opinions of legislators and judges to support Tucker's argument for strict limitations on treaty-making power. With table of cases and index. Tucker [1853-1932], a congressman from Virginia, was the grandson of Henry St. George Tucker, author of Commentaries on the Laws of Virginia. In Congress he was known for his opposition to women's suffrage and his support of states rights.