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

The Spirit of the Constitutioncovers the impact and reputation of bothMcCullochand 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 toMcCulloch. Schwartz's analysis of the shifting interpretations ofMcCullochand 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.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-?-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.InThe 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 ofMcCulloch'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 utilizedMcCullochin constitutional debates over national power in the earllC-