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Virginia'S Response to McCulloch v. Maryland

Richard Ellis E.

in Aggressive Nationalism: McCulloch v. Maryland and the Foundation of Federal Authority in the Young Republic

Published in print:
2007
Published Online:
September 2007
ISBN:
9780195323566
eISBN:
9780199788705
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195323566.003.0006
Subject:
History, American History: 19th Century

This chapter examines the great newspaper debate over the broader, long-range significance of McCulloch v. Maryland that took place between William Brockenbrough and Spencer Roane who were critical ... More


Legacies

Lindsay G. Robertson

in Conquest by Law: How the Discovery of America Dispossessed Indigenous Peoples of Their Lands

Published in print:
2005
Published Online:
September 2007
ISBN:
9780195148695
eISBN:
9780199788941
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195148695.003.0006
Subject:
History, American History: 19th Century

This chapter discusses the legacy of Marshall's opinion. Marshall devised the discovery doctrine in 1823 to shore up the claims of Virginia militia bounty warrant holders to lands in the southwestern ... More


The Ninth Amendment and the Marshall Court

Kurt T. Lash

in The Lost History of the Ninth Amendment

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195372618
eISBN:
9780199871742
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372618.003.07
Subject:
Law, Constitutional and Administrative Law

This chapter continues the discussion of the history of the Ninth Amendment and eventually takes it to the one place where no history of it can be found—the judicial opinions of Chief Justice John ... More


The Proper Scope of Federal Power: The Meaning of the Commerce Clause

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0012
Subject:
Law, Constitutional and Administrative Law

This chapter examines the propriety of federal laws under the power most often invoked to justify restrictions on liberty: the power to regulate commerce among the several states. Courts are not ... More


 The Dig and the Temple

Ariel Glucklich

in The Footsteps of Vishnu: A Historical Introduction to Hinduism

Published in print:
2007
Published Online:
May 2008
ISBN:
9780195314052
eISBN:
9780199871766
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195314052.003.0002
Subject:
Religion, Hinduism

This chapter discusses the arrival of scientific archeology to India in the person of Mortimer Wheeler. The chapter discusses the distorting effects of colonialism on our knowledge of India. Using ... More


Federalism and Liberty, 1794–1803

Kurt T. Lash

in The Lost History of the Ninth Amendment

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195372618
eISBN:
9780199871742
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372618.003.06
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on the Alien and Sedition Acts. The present chapter and the previous chapter on the Eleventh Amendment illustrate something generally missed—or misrepresented—about republican ... More


The Opinion

Lindsay G. Robertson

in Conquest by Law: How the Discovery of America Dispossessed Indigenous Peoples of Their Lands

Published in print:
2005
Published Online:
September 2007
ISBN:
9780195148695
eISBN:
9780199788941
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195148695.003.0005
Subject:
History, American History: 19th Century

This chapter discusses Chief Justice John Marshall's opinion in Johnson v. M'Intosh. John Marshall had two implicit objectives in mind when he drafted the opinion: to facilitate a favorable ... More


AFTERWORD

Lindsay G. Robertson

in Conquest by Law: How the Discovery of America Dispossessed Indigenous Peoples of Their Lands

Published in print:
2005
Published Online:
September 2007
ISBN:
9780195148695
eISBN:
9780199788941
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195148695.003.0007
Subject:
History, American History: 19th Century

This chapter presents a summary of the preceding chapters. John Marshall did not foresee that the doctrine he developed would be used to support the removal of the southeastern tribes. When given his ... More


Virginia, Kentucky, and the Complex Politics of Early Republican Federalism

Lindsay G. Robertson

in Conquest by Law: How the Discovery of America Dispossessed Indigenous Peoples of Their Lands

Published in print:
2005
Published Online:
September 2007
ISBN:
9780195148695
eISBN:
9780199788941
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195148695.003.0004
Subject:
History, American History: 19th Century

This chapter discusses how Chief Justice Marshall anticipated that questions might arise as to why he ventured so far beyond the minimum rationale necessary to support the Court's finding that the ... More


McCulloch v.Maryland

Richard Ellis E.

in Aggressive Nationalism: McCulloch v. Maryland and the Foundation of Federal Authority in the Young Republic

Published in print:
2007
Published Online:
September 2007
ISBN:
9780195323566
eISBN:
9780199788705
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195323566.003.0005
Subject:
History, American History: 19th Century

This chapter analyzes the various arguments made in the case of McCulloch v. Maryland by the attorneys both for the 2 BUS and against it, as well as Marshall's famous decision. It also looks at James ... More


Judicial Restraint in America: How the Ageless Wisdom of the Federal Courts was Invented

Evan Tsen Lee

Published in print:
2011
Published Online:
January 2011
ISBN:
9780195340341
eISBN:
9780199867240
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340341.001.0001
Subject:
Law, Constitutional and Administrative Law

Many legal scholars believe that judges should not be “activists.” But exactly what does it mean for judges to practice “restraint,” and how did that set of practices evolve in America? This book ... More


Aggressive Nationalism: McCulloch v. Maryland and the Foundation of Federal Authority in the Young Republic

Richard E. Ellis

Published in print:
2007
Published Online:
September 2007
ISBN:
9780195323566
eISBN:
9780199788705
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195323566.001.0001
Subject:
History, American History: 19th Century

This book examines the public debate that took place over Chief Justice John Marshall's famous decision in McCulloch v. Maryland (1819). It sheds new light on how the case came before the US Supreme ... More


Ohio and Georgia before the U.S. Supreme Court

Richard Ellis E.

in Aggressive Nationalism: McCulloch v. Maryland and the Foundation of Federal Authority in the Young Republic

Published in print:
2007
Published Online:
September 2007
ISBN:
9780195323566
eISBN:
9780199788705
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195323566.003.0008
Subject:
History, American History: 19th Century

This chapter examines the US Supreme Court's decision in Osborn et. al. v. The Bank of the United States (1824). It also treats developments in the state of Georgia which culminated in another US ... More


Conquest by Law: How the Discovery of America Dispossessed Indigenous Peoples of Their Lands

Lindsay G. Robertson

Published in print:
2005
Published Online:
September 2007
ISBN:
9780195148695
eISBN:
9780199788941
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195148695.001.0001
Subject:
History, American History: 19th Century

In 1823, Chief Justice John Marshall handed down a Supreme Court decision of monumental importance in defining the rights of indigenous peoples throughout the English-speaking world (the United ... More


McCulloch (1819) in the Shadow of the Compromise

Eric Lomazoff

in Reconstructing the National Bank Controversy: Politics and Law in the Early American Republic

Published in print:
2018
Published Online:
May 2019
ISBN:
9780226579313
eISBN:
9780226579597
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226579597.003.0007
Subject:
Political Science, American Politics

This chapter offers a reassessment of the Supreme Court’s work in McCulloch v. Maryland (1819) in light of the previous chapter’s claim that Republicans revived the national bank on the strength of ... More


Chapter 4

Roger G. Kennedy

in Burr, Hamilton, and Jefferson: A Study in Character

Published in print:
2000
Published Online:
October 2011
ISBN:
9780195140552
eISBN:
9780199848775
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195140552.003.0004
Subject:
History, American History: early to 18th Century

Alexander Hamilton and Aaron Burr became defined, as men, in the presence of violence. For both of them, military experience brought a sudden eminence. At the end of the War for Independence, Burr ... More


Chapter 22

Roger G. Kennedy

in Burr, Hamilton, and Jefferson: A Study in Character

Published in print:
2000
Published Online:
October 2011
ISBN:
9780195140552
eISBN:
9780199848775
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195140552.003.0022
Subject:
History, American History: early to 18th Century

Thomas Jefferson's charges against the character of Aaron Burr were to be placed before judge and jury in a courtroom in Richmond, Virginia, in March and April 1807. Three of Jefferson's Virginian ... More


The Lawyer's Library in the Early American Republic

Alison L. LaCroix

in Subversion and Sympathy: Gender, Law, and the British Novel

Published in print:
2013
Published Online:
January 2013
ISBN:
9780199812042
eISBN:
9780199315888
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199812042.003.0013
Subject:
Literature, 19th-century and Victorian Literature

This chapter explores the role that fiction played in the early republican project of building American nationhood. Many eighteenth- and nineteenth-century American statesmen and jurists—including ... More


The Brother: Alexander K. Marshall (1770–1825)

Kurt X. Metzmeier

in Writing the Legal Record: Law Reporters in Nineteenth-Century Kentucky

Published in print:
2016
Published Online:
May 2017
ISBN:
9780813168609
eISBN:
9780813168791
Item type:
chapter
Publisher:
University Press of Kentucky
DOI:
10.5810/kentucky/9780813168609.003.0006
Subject:
History, American History: 19th Century

Alexander K. Marshall was the younger brother of US Supreme Court chief justice John Marshall. A gentleman farmer, he practiced law more as a passion than a profession. Despite a workman-like career ... More


Different Opinions at Different Times

David L. Lightner

in Slavery and the Commerce Power: How the Struggle Against the Interstate Slave Trade Led to the Civil War

Published in print:
2006
Published Online:
October 2013
ISBN:
9780300114706
eISBN:
9780300135169
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300114706.003.0004
Subject:
History, Social History

The U.S. Supreme Court contemplated for the first time the meaning of commerce power as stipulated in the Constitution in the case of Gibbons v. Ogden. The case, first scheduled for consideration in ... More


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