Description: Aggressive Nationalism : Mcculloch V. Maryland and the Foundation of Federal Authority in the Young Republic, Hardcover by Ellis, Richard E., ISBN 0195323564, ISBN-13 9780195323566, Brand New, Free P&P in the UK McCulloch v. Maryland (1819) has long been recognized to be one of the most significant decisions ever handed down by the United States Supreme Court. Indeed, many scholars have argued it is the greatest opinion handed down by the greatest Chief Justice, in which he declared the act creating
the Second Bank of the United States constitutional and Marylands attempt to tax it unconstitutional. Although it is now recognized as the foundational statement for a strong and active federal government, the immediate impact of the ruling was short-lived and widely criticized.
Placing the decision and the public reaction to it in their proper historical context, Richard E. Ellis finds that Maryland, though unopposed to the Bank, helped to bring the case before the Court and a sympathetic Chief Justice, who worked behind the scenes to save the embattled institution.
Almost all treatments of the case consider it solely from Marshalls perspective, yet a careful examination reveals other, even more important issues that the Chief Justice chose to ignore. Ellis demonstrates that the points which mattered most to the States were not treated by the Courts decision:
the private, profit-making nature of the Second Bank, its right to establish branches wherever it wanted with immunity from state taxation, and the right of the States to tax the Bank simply for revenue purposes. Addressing these issues would have undercut Marshalls nationalist view of the
Constitution, and his unwillingness to adequately deal with them produced immediate, widespread, and varied dissatisfaction among the States. Ellis argues that Marshalls "aggressive nationalism" was ultimately counter-productive: his overreaching led to Jacksons democratic rejection of the
decision and failed to reconcile states rights to the effective operation of the institutions of federal governance.
Elegantly written, full of new information, and the first in-depth examination of McCulloch v. Maryland, Aggressive Nationalism offers an incisive, fresh interpretation of this familiar decision central to understanding the shifting politics of the early republic as well as the development of
federal-state relations, a source of constant division in American politics, past and present.
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Book Title: Aggressive Nationalism : Mcculloch V. Maryland and the Foundation
Subject Area: Tax Law
Item Height: 242 mm
Item Width: 162 mm
Author: Richard E. Ellis
Publication Name: Aggressive Nationalism: McCulloch v. Maryland and the Foundation of Federal Authority in the Young Republic
Format: Hardcover
Language: English
Publisher: Oxford University Press
Subject: Law
Publication Year: 2007
Type: Textbook
Item Weight: 536 g
Number of Pages: 280 Pages
