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.
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.
David S. Schwartz is the Foley & Lardner-Bascom Professor of Law at the University of Wisconsin Law School.
Inhaltsangabe
* Introduction: "The Letter and Spirit of the Constitution" * Part I: Defensive Nationalism * Chapter 1: "The Case Now to be Determined": the Elusive Meaning of McCulloch v. Maryland * Chapter 2: "A Question Perpetually Arising": Constitutional Politics and Law, circa 1819 * Chapter 3: "Has Congress Power to Incorporate a Bank?": the McCulloch Oral Argument and Opinion * Chapter 4: "As Far as Human Prudence Could Insure": The Retreat from Implied Powers * Part II: Disappearance and Revival * Chapter 5: "The Baneful Influence of this Narrow Construction": McCulloch in the Age of Jackson, 1832-1860 * Chapter 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 Case * Chapter 10: "Some Choice of Means": The Lochner Era and Progressivism * Chapter 11: "Withholding the Most Appropriate Means": The New Deal and Judicial Crisis, 1932-1936 * Chapter 12: "It is a Constitution We Are Expounding": the Triumph of the Capable Constitution, 1937-1968 * Chapter 13: "A Splendid Bauble": McCulloch in the Long Conservative Court, 1969-2018 * Conclusion: "As Long as Our System Shall Exist"
* Introduction: "The Letter and Spirit of the Constitution" * Part I: Defensive Nationalism * Chapter 1: "The Case Now to be Determined": the Elusive Meaning of McCulloch v. Maryland * Chapter 2: "A Question Perpetually Arising": Constitutional Politics and Law, circa 1819 * Chapter 3: "Has Congress Power to Incorporate a Bank?": the McCulloch Oral Argument and Opinion * Chapter 4: "As Far as Human Prudence Could Insure": The Retreat from Implied Powers * Part II: Disappearance and Revival * Chapter 5: "The Baneful Influence of this Narrow Construction": McCulloch in the Age of Jackson, 1832-1860 * Chapter 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 Case * Chapter 10: "Some Choice of Means": The Lochner Era and Progressivism * Chapter 11: "Withholding the Most Appropriate Means": The New Deal and Judicial Crisis, 1932-1936 * Chapter 12: "It is a Constitution We Are Expounding": the Triumph of the Capable Constitution, 1937-1968 * Chapter 13: "A Splendid Bauble": McCulloch in the Long Conservative Court, 1969-2018 * Conclusion: "As Long as Our System Shall Exist"
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