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Delegation of Powers and the Fiduciary Principle

Giandomenico Majone

in Dilemmas of European Integration: The Ambiguities and Pitfalls of Integration by Stealth

Published in print:
2005
Published Online:
February 2006
ISBN:
9780199274307
eISBN:
9780191603310
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199274304.003.0004
Subject:
Political Science, European Union

Broad delegation of powers to supranational institutions is a distinctive feature of the Community method. Broad delegation presupposes a fiduciary relation, hence, the progressive erosion of the ... More


Excursus: A Foreign Affairs ‘Exception’?

Robert Schütze

in From Dual to Cooperative Federalism: The Changing Structure of European Law

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199238583
eISBN:
9780191716539
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199238583.003.06
Subject:
Law, EU Law

Is Europe’s foreign affairs federalism “exceptional”? What is the nature of the Community’s implied external competences: exclusive, concurrent or shared? The theory of subsequently exclusive powers ... More


The doctrine of implied powers

Piet Eeckhout

in EU External Relations Law

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199606634
eISBN:
9780191729560
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606634.003.0003
Subject:
Law, EU Law

In the original EEC Treaty there were not many provisions which expressly referred to external action by the Community. There were provisions on the common commercial policy, which mentioned the ... More


The Powers of the President

Louis Fisher

in The Law of the Executive Branch: Presidential Power

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199856213
eISBN:
9780199358397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199856213.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter on presidential powers first analyzes three concepts that go beyond powers expressly stated: “implied,” “inherent,” and “prerogative.” It then considers specific presidential powers, ... More


Treaty Interpretation: Effectiveness and Presumptions

Alexander Orakhelashvili

in The Interpretation of Acts and Rules in Public International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546220
eISBN:
9780191720000
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546220.003.0012
Subject:
Law, Public International Law

This chapter examines the origins and parameters of the principle of effectiveness in the field of treaty interpretation, and applies it to a number of fields. This is relevant for interpreting ... More


“As Far as Human Prudence Could Insure”: Marshall’s Retreat from Implied Commerce Powers

David S. Schwartz

in The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. Maryland

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190699482
eISBN:
9780190063719
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190699482.003.0005
Subject:
History, American History: 19th Century, Cultural History

Despite ample opportunity, Chief Justice Marshall did not build on McCulloch v. Maryland to engage in nation-building through his constitutional decisions. In Gibbons v. Ogden (1824), Marshall ... More


“The Question Perpetually Arising”: Constitutional Law and Politics, 1819

David S. Schwartz

in The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. Maryland

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190699482
eISBN:
9780190063719
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190699482.003.0003
Subject:
History, American History: 19th Century, Cultural History

In antebellum America, the dispute over national versus state governmental powers—“federalism” questions—defined the major political line of division. While paying lip service to the axiom that the ... More


“It Is a Constitution We Are Expounding”: The Triumph of Implied Powers, 1937–1968

David S. Schwartz

in The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. Maryland

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190699482
eISBN:
9780190063719
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190699482.003.0013
Subject:
History, American History: 19th Century, Cultural History

The thirty-odd years from the New Deal turnaround to the late 1960s represented a high-water mark for McCulloch v. Maryland. For the first time, the Supreme Court fully applied McCulloch to the ... More


“Has Congress Power to Incorporate a Bank?”: The McCulloch Litigation and Opinion

David S. Schwartz

in The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. Maryland

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190699482
eISBN:
9780190063719
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190699482.003.0004
Subject:
History, American History: 19th Century, Cultural History

Chief Justice Marshall’s ambiguous opinion in McCulloch v. Maryland rejected the hard-line Jeffersonian argument that implied powers were only those strictly necessary to implementing the enumerated ... More


“The Baneful Influence of this Narrow Construction”: McCulloch in the Age of Jackson, 1829–1860

David S. Schwartz

in The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. Maryland

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190699482
eISBN:
9780190063719
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190699482.003.0006
Subject:
History, American History: 19th Century, Cultural History

McCulloch v. Maryland and its principles came under attack during the Jacksonian era, and the Supreme Court under John Marshall’s successor, Roger Taney, ignored McCulloch into oblivion and reversed ... More


“Acting Directly on the People”: Post–Civil War Nationalism, 1868–1888

David S. Schwartz

in The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. Maryland

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190699482
eISBN:
9780190063719
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190699482.003.0009
Subject:
History, American History: 19th Century, Cultural History

Post–Civil War nationalism meant a partial but significant reversion to prewar constitutionalism, recognizing federal legislative authority over “every foot of American soil” and implementing the ... More


“A Splendid Bauble”: McCulloch in the Long Conservative Court, 1969–2018

David S. Schwartz

in The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. Maryland

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190699482
eISBN:
9780190063719
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190699482.003.0014
Subject:
History, American History: 19th Century, Cultural History

Since 1969, scholars have insisted that McCulloch v. Maryland established the foundations of the modern welfare state, yet during this same period, the Supreme Court has retreated from implied ... More


Subsequent Practice as a Means of Treaty Interpretation

Irina Buga

in Modification of Treaties by Subsequent Practice

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198787822
eISBN:
9780191829888
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198787822.003.0002
Subject:
Law, Public International Law, Company and Commercial Law

This chapter focuses on the well-established role of subsequent practice in the interpretative process. It begins by examining the concept of ‘subsequent practice’ in light of the drafting history of ... More


“Withholding the Most Appropriate Means”: The New Deal and Judicial Crisis, 1932–1936

David S. Schwartz

in The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. Maryland

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190699482
eISBN:
9780190063719
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190699482.003.0012
Subject:
History, American History: 19th Century, Cultural History

`The New Deal judicial crisis arose from the Supreme Court’s continued refusal to recognize implied commerce powers by applying McCulloch v. Maryland to the Commerce Clause. Carter v. Carter Coal Co. ... More


Conclusion: “As Long as Our System Shall Exist”

David S. Schwartz

in The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. Maryland

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190699482
eISBN:
9780190063719
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190699482.003.0015
Subject:
History, American History: 19th Century, Cultural History

McCulloch v. Maryland’s nationalizing potential has not been fully realized, having been reined in by the Supreme Court for most of the years since it was written in 1819. Had McCulloch’s logic of ... More


“The Case Now to Be Determined”: John Marshall and McCulloch v. Maryland in Constitutional History

David S. Schwartz

in The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. Maryland

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190699482
eISBN:
9780190063719
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190699482.003.0002
Subject:
History, American History: 19th Century, Cultural History

Conventional history maintains that Chief Justice Marshall was a “nation-builder” and McCulloch v. Maryland his signal achievement, expressing a nationalist vision that established the foundation for ... More


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

David S. Schwartz

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190699482
eISBN:
9780190063719
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190699482.001.0001
Subject:
History, American History: 19th Century, Cultural History

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 ... More


“The Various Crises of Human Affairs”: McCulloch in the Civil War

David S. Schwartz

in The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. Maryland

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190699482
eISBN:
9780190063719
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190699482.003.0007
Subject:
History, American History: 19th Century, Cultural History

The Civil War confronted the United States with its greatest constitutional crisis, raising three issues for which McCulloch v. Maryland has been most celebrated: the nationalist Constitution, ... More


External Competences And The Principle Of Conferral

Marise Cremona

in Oxford Principles Of European Union Law: The European Union Legal Order: Volume I

Published in print:
2018
Published Online:
March 2021
ISBN:
9780199533770
eISBN:
9780191932434
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199533770.003.0040
Subject:
Law, EU Law

The aim of this contribution is to offer some reflections on the relationship between the Union’s express and implied external competences by examining them in the light of the principle of ... More


“The Government of All”: The Rise and Fall of Reconstruction, 1865–1883

David S. Schwartz

in The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. Maryland

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190699482
eISBN:
9780190063719
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190699482.003.0008
Subject:
History, American History: 19th Century, Cultural History

After being buried by the late Marshall and Taney Courts, McCulloch v. Maryland experienced the beginnings of a revival during Reconstruction. McCulloch’s principles of nationalism, implied powers, ... More


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