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

By Richard E. Ellis | Go to book overview

NOTES

INTRODUCTION

1. Jacob E. Cooke (ed.), The Federalist (Middleton, Conn., 1961), 257. For other treatments of state power under the U.S. Constitution, see also Federalist, Nos. 45 and 46.

2. The best general treatments of the U.S. Supreme Court are Charles Warren, The Supreme Court in United States History, 2 vols. (Boston, 1926); Charles G. Haines, The Role of the Supreme Court in American Government and Politics, 1789–1835 (New York, 1960); G. Edward White (with Gerald Gunther), The Marshall Court and Cultural Change, 1815–1835 (New York, 1988).

Standard biographies of John Marshall are Albert Beveridge, The Life of John Marshall, 4 vols. (Boston, 1916–1919); Jean Edward Smith, John Marshall: Definer of a Nation (New York, 1996); Charles Hobson, The Great Chief Justice: John Marshall and the Rule of Law (Lawrence, Kans., 1996); Herbert A. Johnson, The Chief Justiceship of John Marshall, 1801–1835 (Columbia, S.C., 1997); R. Kent Newmyer, John Marshall and the Heroic Age of the Supreme Court (Baton Rouge, La., 2001).

For a recent treatment of the case, see Daniel A. Farber, “The Story of McCulloch: Banking on National Power,” in Michael C. Dorf (ed.), Foundation Press: Constitutional Law Stories (New York, 2004), 34–67.

3. Important exceptions here are Harold J. Plous and Gordon E. Baker, “McCulloch v. Maryland: Right Principle, Wrong Case,” Stanford Law Review 9 (1957), 710–39; George Dangerfield, The Awakening of American Nationalism, 1815–1828 (New York, 1965), 89–96 Also of considerable value is Gerald Gunther (ed.), John Marshall’s Defense of McCulloch v. Maryland (Palo Alto, Calif., 1969).

4. For example, see Bray Hammond, “The Bank Cases,” in John A. Garraty (ed.), Quarrels That Shaped the Constitution (New York, 1962), 30–48.

5. The path-breaking work is Charles Sellers, The Market Revolution: Jacksonian America, 1815–1846 (New York, 1991). See also Harry

-219-

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

Table of contents

  • Title Page iii
  • Acknowledgments vii
  • Contents ix
  • Introduction 3
  • One- The U.S. Supreme Court versus the States 13
  • Two- The Second Bank of the United States 33
  • Three- The States versus the Second Bank of the United States 61
  • Four- McCulloch V. Maryland 77
  • Five- Virginia’s Response to McCulloch V. Maryland 111
  • Six- Ohio and the Bank of the United States 143
  • Seven- Ohio and Georgia before the U.S. Supreme Court 169
  • Eight- Coda 193
  • Notes 219
  • Index 257
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