McCulloch v. Maryland

Author: Mark Robert Killenbeck

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: Business & Economics

Page: 227

View: 2221

Federalism--including its meanings and limits--remains one of the most contested principles in constitutional law. To fully understand its importance, we must turn to a landmark decision nearly two centuries old. M'Culloch v. Maryland (1819) is widely regarded as the Supreme Court's most important and influential decision--one that essentially defined the nature and scope of federal authority and its relationship to the states. Mark Killenbeck's sharply insightful study helps us understand why. Killenbeck recounts how the cashier of the Baltimore branch of the Second Bank of the United States refused to pay Maryland's tax on the bank and how that act precipitated a showdown in the Supreme Court, which addressed two questions: whether the U.S. Congress had the authority to establish a national bank and whether Maryland's tax on the bank was barred by the Constitution. In one of Chief Justice John Marshall's most famous opinions, the Court unanimously answered yes to both, authorizing the federal government to exercise powers not expressly articulated in the Constitution--and setting an alarming precedent for states-rights advocates. The issues at the heart of M'Culloch are as important today as they were then: the nature and scope of federal constitutional authority, the division of authority between federal and state governments, and the role of the Supreme Court in interpreting and applying the Constitution. Situating the case within the protracted debate about the bank and about federal-state relations, the Panic of 1819, the fate of the Second Bank following the Court's momentous decision, and the ever-expanding and increasingly contentious debate over slavery, Killenbeck's bookprovides a virtual constitutional history of the first fifty years of the nations. As such, it shows that the development of the Constitution as a viable governing document took place over time and that M'Culloch, with its very broad reading of federal power, marked a turning point for the Constitution, the Court, and the nation. As the Court continues to reshape the boundaries of federal power. M'Culloch looms large as a precedent in a debate that has never been fully settled. And as states today grapple with such questions as abortion, gay rights, medical marijuana, or assisted suicide, this book puts that precedent in perspective and offers a firm grasp of its implications for the future.
Posted in Business & Economics

Keeping the Republic: Power and Citizenship in American Politics, 6th Edition The Essentials

Author: Christine Barbour,Gerald C Wright

Publisher: CQ Press

ISBN: 1452240035

Category: Political Science

Page: 728

View: 4630

Effectively using the themes of power and citizenship, Christine Barbour and Gerald C. Wright explain how and why institutions and rules determine who wins and who loses in American politics. Whether you get your news from a popular blog or a traditional media outlet, this book models critical thinking and provides the tools you need to be a savvy consumer of political information. And with your purchase of this Media Edition, you get FREE access to an enhanced eBook, which includes links to audio, video, data, articles, historical background, profiles, and CQ Researcher policy reports that bring depth and interactivity to the book Keeping the Republic is filled with phenomenal resources that help students fully engage in the text. It is well written and extremely substantive. Students rave about the graphics, pictures, and other visuals that help guide them as they understand the material. The transitions from topic to topic are smooth and clear, and the real-world applications are also extremely well done. A terrific textbook for intro students, and a great foundation for budding political scientists."---Alison Dagnes, Shippensburg university "Keeping the Republic presents the information in a balanced and visually appealing style that gets, and keeps, students reading and engaged with the content. The graphics and `Don't Be Fooled By...' features are well above the competition. The online instructor resources are excellent." ---Gary A. Johnson, Weber State University "The political science faculty at our Virginia state university have utilized Keeping the Republic for many years. Barbour and Wright offer current and helpful pedagogical features that encourage class discussion and reinforce the students' understanding of critical information. The text's organization offers a useful means of breaking down the semester-length course, and my students genuinely like the layout of the text."---Peter M. Carlson, Christopher Newport University "Keeping the Republic simplifies complicated concepts without losing the key points. Students find the book easy to read and well organized for study. The book is especially well suited for the non-political science major and works well for large-sized sections or for online courses. The `Thinking Outside the Box' questions, along with the helpful test bank, encourage discussion in class or in online forums."---Donald S. Inbody, Texas State University "Keeping the Republic holds the attention of my students better than books I have used in the past. I like to include as much pop culture as I can in the teaching of my class, and this book is the best one I have found that makes an effort to do the same."---Norman Rodriguez, John Wood Community College "What's at stake? This book repeats that question over and over. It defines a perspective that makes Keeping the Republic meaningful to all students of American government. Citizenship is a skill, and this text approaches government from the point of view of the citizen. It asks the reader to be critical, not in the sense that government is necessarily the problem, but rather in asking how government structure and operations can be improved to enhance the lives of the citizens of the United States, of which the reader is one. And, importantly, the book requires the reader to confront the question of what role and responsibility do I, the citizen, have. By default, the approach pulls the student in and makes the student a partner in the book and its conclusions."---John P. McIver, University of Texas, Austin "I continue to assign Keeping the Republic because the authors do a great job of keeping students engaged. There are many features that make this text more interesting to students---like the `Profiles in Citizenship' in each chapter that explain how individual Americans take an active part in politics. These profiles provide interesting personal narratives about why citizenship and participation matter while also reinforcing chapter material." ---Jason D. Mycoff, University of Delaware
Posted in Political Science

Aggressive Nationalism

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

Author: Richard E. Ellis

Publisher: Oxford University Press

ISBN: 9780198043508

Category: Law

Page: 280

View: 6840

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 Maryland's 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 Marshall's 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 Court's 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 Marshall's 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 Marshall's "aggressive nationalism" was ultimately counter-productive: his overreaching led to Jackson's 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.
Posted in Law

Keeping Faith with the Constitution

Author: Goodwin Liu,Pamela S. Karlan,Christopher H. Schroeder

Publisher: Oxford University Press

ISBN: 9780199752836

Category: Political Science

Page: 272

View: 7899

Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Posted in Political Science

The Judicial Branch

Author: Carol Parenzan Smalley

Publisher: Perfection Learning

ISBN: 9780756945152

Category: Juvenile Nonfiction

Page: 48

View: 8865

Offers a history of the Supreme Court and the power of the judicial branch of the United States government.
Posted in Juvenile Nonfiction

Why Politics Matters: An Introduction to Political Science

Author: Kevin Dooley,Joseph Patten

Publisher: Cengage Learning

ISBN: 0618907157

Category: Political Science

Page: 496

View: 2030

WHY POLITICS MATTERS: AN INTRODUCTION TO POLITICAL SCIENCE is a full-color, accessible introduction to Political Science. Organized evenly around the major divisions within Political Science: Theory, American Government, Comparative Politics, and International Relations, WHY POLITICS MATTERS follows a foundational approach to learning and gives students a big picture of the field. The authors approach the subject through a theme of theory and practice and emphasize why politics matters to the reader through current, global examples, encouraging critical thinking, discussion, and participation throughout the text. WHY POLITICS MATTERS is the first and only Introduction to Political Science book offering a fully integrated and customizable online reader, COURSEREADER, with a full slate of recommended primary source readings compiled by the authors. Each COURSEREADER selection is called-out in the text alongside the relevant discussion and is accompanied by critical thinking questions to help students apply the reading to their chapter lesson. You can further customize COURSEREADER for your class by choosing from the thousands of documents and videos within our Introduction to Political Science set and even adding your own notes and highlights before publishing your unique online reader for students to access. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
Posted in Political Science

The Pursuit of Justice

Supreme Court Decisions that Shaped America

Author: Kermit L. Hall,John J. Patrick

Publisher: Oxford University Press

ISBN: 0195311892

Category: History

Page: 253

View: 2358

Reviews and discusses landmark cases heard by the United States Supreme court from 1803 through 2000.
Posted in History

Dictionary of Politics

Selected American and Foreign Political and Legal Terms

Author: Walter John Raymond

Publisher: Brunswick Publishing Corp

ISBN: 9781556180088

Category: Law

Page: 760

View: 4184

Posted in Law

The Great Chief Justice

John Marshall and the Rule of Law

Author: Charles F. Hobson

Publisher: N.A

ISBN: N.A

Category: Biography & Autobiography

Page: 256

View: 2107

"John Marshall remains one of the towering figures in the landscape of American law. From the Revolution to the age of Jackson, he played a critical role in defining the "province of the judiciary" and the constitutional limits of legislative action. In this masterly study, Charles Hobson clarifies the coherence and thrust of Marshall's jurisprudence while keeping in sight the man as well as the jurist." "Hobson argues that contrary to his critics, Marshall was no ideologue intent upon appropriating the lawmaking powers of Congress. Rather, he was deeply committed to a principled jurisprudence that was based on a steadfast devotion to a "science of law" richly steeped in the common law tradition. As Hobson shows, such jurisprudence governed every aspect of Marshall's legal philosophy and court opinions, including his understanding of judicial review." "The chief justice, Hobson contends, did not invent judicial review (as many have claimed) but consolidated its practice by adapting common law methods to the needs of a new nation. In practice, his use of judicial review was restrained, employed almost exclusively against acts of the state legislatures. Ultimately, he wielded judicial review to prevent the states from undermining the power of a national government still struggling to establish sovereignty at home and respect abroad."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Posted in Biography & Autobiography

John Marshall and the Heroic Age of the Supreme Court

Author: R. Kent Newmyer

Publisher: LSU Press

ISBN: 0807132497

Category: Law

Page: 511

View: 2212

John Marshall (1755--1835) was arguably the most important judicial figure in American history. As the fourth chief justice of the United States Supreme Court, serving from 1801 to1835, he helped move the Court from the fringes of power to the epicenter of constitutional government. His great opinions in cases like Marbury v. Madison and McCulloch v. Maryland are still part of the working discourse of constitutional law in America. Drawing on a new and definitive edition of Marshall's papers, R. Kent Newmyer combines engaging narrative with new historiographical insights in a fresh interpretation of John Marshall's life in the law. More than the summation of Marshall's legal and institutional accomplishments, Newmyer's impressive study captures the nuanced texture of the justice's reasoning, the complexity of his mature jurisprudence, and the affinities and tensions between his system of law and the transformative age in which he lived. It substantiates Oliver Wendell Holmes Jr.'s view of Marshall as the most representative figure in American law.
Posted in Law

Landmark Supreme Court Cases

The Most Influential Decisions of the Supreme Court of the United States

Author: Gary R. Hartman,Roy M. Mersky,Cindy L. Tate

Publisher: Infobase Publishing

ISBN: 1438110367

Category: Law

Page: 609

View: 3935

Through its interpretations of the Constitution and Bill of Rights
Posted in Law

The Papers of John Marshall

Correspondence, Papers, and Selected Judicial Opinions, January 1831-July 1835, with Addendum, June 1783-January 1829

Author: John Marshall,Herbert Alan Johnson,Charles T. Cullen,Charles F. Hobson

Publisher: N.A

ISBN: 9780807830192

Category: History

Page: 603

View: 8258

Papers of John Marshall: Vol XII: Correspondence, Papers, and Selected Judicial Opinions, January 1831-July 1835, with Addendum, June 1783-January 1829
Posted in History

Essential Supreme Court Decisions

Summaries of Leading Cases in U.S. Constitutional Law

Author: John R. Vile

Publisher: Rowman & Littlefield Publishers

ISBN: 1442203862

Category: Law

Page: 572

View: 3817

First published in 1954, this indispensable reference quickly became the gold standard for concise summaries of important U.S. Supreme Court cases. The only reference guide to Supreme Court cases organized both topically and chronologically within chapters so that readers understand how cases fit into a historical context, the 15th edition has been extensively revised to ensure that it remains the most up-to-date resource available. An essential resource for law students, lawyers, and everyone interested in our nation's Constitution and the Supreme Court decisions that explicate it.
Posted in Law

Evolving Standards of Decency

Popular Culture and Capital Punishment

Author: Mary Welek Atwell

Publisher: Peter Lang

ISBN: 9780820467115

Category: Political Science

Page: 178

View: 3029

Evolving Standards of Decency examines the ways in which popular culture portrays the death penalty. By analyzing literature and film, Atwell argues that capital punishment becomes much more complex when both offenders and victims are presented as fully developed individuals. Those studying justice issues, corrections, or capital punishment will find this an accessible work that places the stories read in novels or seen in movies in the context of the legal system that has the power of life and death.
Posted in Political Science

The Rehnquist Legacy

Author: Craig Bradley

Publisher: Cambridge University Press

ISBN: 9780521859196

Category: Biography & Autobiography

Page: 392

View: 7784

This book is a legal biography of William Rehnquist of the U. S. Supreme Court.
Posted in Biography & Autobiography

The Right to Privacy

Author: Samuel D. Brandeis, Louis D. Warren

Publisher: BoD – Books on Demand

ISBN: 3732645487

Category: Fiction

Page: 40

View: 7598

Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis
Posted in Fiction

American Government

Author: Robert D. Cantor

Publisher: HarperCollins Publishers

ISBN: N.A

Category: United States

Page: 287

View: 9621

Posted in United States

Gideon's Trumpet

Author: Anthony Lewis

Publisher: Vintage

ISBN: 0679723129

Category: History

Page: 277

View: 876

The story of a convict's defense of his contention that a person on trial should not be denied the assistance of counsel
Posted in History