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

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-à-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. In The 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 of McCulloch'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 utilized McCulloch in constitutional debates over national power in the early republic; over the question of slavery in the late antebellum period; and over Congress's role in regulating the economy and civil rights in the twentieth century. Even after McCulloch's meaning seemed fixed by the mid-twentieth century, new debates about its implications have emerged in recent times. Schwartz's analysis of McCulloch's remarkable impact reaffirms the case's importance and unveils the circuitous process through which American constitutional law and ideology are made.

History

Schwartz, David S.

Americas

Oxford University Press

The Spirit of the Constitution covers the impact and reputation of both McCulloch and Justice Marshall himself throughout American history.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 ofthe 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-a-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.In The 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 of McCulloch's influence from 1819 to the present, he shows that its meaning-and significance-for judges, politicalleaders, 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 utilizedMcCulloch in constitutional debates over national power in the early republic; over the question of slavery in the late antebellum period; and over Congress's role in regulating the economy and civil rights in the twentieth century. Even after McCulloch's meaning seemed fixed by the mid-twentiethcentury, new debates about its implications have emerged in recent times. Schwartz's analysis of McCulloch's remarkable impact reaffirms the case's importance and unveils the circuitous process through which American constitutional law and ideology are made.

This author shows you exactly what to say and do to influence the decisions of your family, friends, and people on the job... in any situation. (Author of The Magic of thinking Big as well.)

Magic of Self Direction

Health, Fitness & Dieting

Psychology & Counseling

Simon&Schuster

With an emphasis on descriptive and policy-oriented text, plus a wide range of well-developed and realistic problems, EVIDENCE: Text, Problems, and Cases, Fourth Edition, presents an engaging exploration of the fundamental principles, policies, and cutting edge issues of the Federal Rules of Evidence.
Refined through years of successful classroom use, this popular casebook:
<li>uses clear and concise text to develop student understanding and encourage in-depth examination of problems</li>
<li>follows a consistent chapter organization that highlights basic interpretation of the Rules, elaboration of underlying policy, and reflection on theory and practice</li>
<li>identifies "Key Points" to reinforce student understanding of all topics</li>
<li>presents a wide range of realistic problems that help students better understand the depth and complexity of the Rules of Evidence</li>
<li>opens with a transcript from a real criminal law case that illustrates how evidence is admitted and excluded in practice</li>
<li>features a chapter on the trial process to use independently or in tandem with the trial transcriptBe sure to notice these changes to the Fourth Edition:
integration of updated Rule amendments and case law, including Crawford v. Washington (confrontation clause) and its subsequent case applications, as well as significant developments in the use of expert testimony
new problems throughout the book represent a wide range of difficulty, from the basic principles of the Rules to more challenging policy issues
the chapter on Character Evidence is revised to provide a sharper focus on policies relating to the character ban
</li>

Evidence: Text, Problems, and Cases

Allen, Ronald J.

Swift, Eleanor

Kuhns, Richard B.

Environmental & Natural Resources Law

Aspen Law & Business

This casebook's emphasis on descriptive and policy-oriented text, plus a wide range of well-developed and realistic problems, engages students with the fundamental principles, policies, and cutting edge issues of the Federal Rules of Evidence. 
 Features: 
<ul>
<li> Clear and concise text develops student understanding and encourages in-depth exploration of problems in class discussion. </li>
<li> Chapter organization highlights basic interpretation of the Rules, elaboration of underlying policy, and reflection on theory and practice. </li>
<li> ""Key Points"" reinforce students' understanding of all topics. </li>
<li> Text of Rules of Evidence provides students with an easy reference. </li>
<li> Wide range of realistic problems helps students to better understand the depth and complexity of the Rules of Evidence more quickly than a traditional casebook. </li>
<li> Opening transcript from a real criminal law case illustrates how evidence is admitted and excluded in practice. </li>
<li> Chapter Two on the trial process can be used independently or in tandem with the trial transcript. New to the Fifth Edition: </li>
</ul>
 New to the Fifth Edition: 
<ul>
<li> New author Michael S. Pardo, a member of the executive board of the American Association of Law Schools Section on Evidence and the author of numerous articles on evidence and legal theory, brings valuable experience and expertise to the Fifth Edition. </li>
<li> Re-drafted Federal Rules of Evidence are incorporated throughout the book. </li>
<li> New and revised problems throughout the casebook offer a wide range of difficulty, from the basic principles of the Rules to more challenging policy-oriented issues. </li>
<li> Significant new material on the Confrontation Clause. </li>
</ul>

Evidence: Text, Problems, and Cases (Aspen Casebook)

Pardo, Michael S.

Criminal Law

Kluwer Law Intl

Buy a new version of this Connected Casebook and receive ACCESS to the online e-book, practice questions from your favorite study aids, and an outline tool on CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes – portability, meaningful feedback, and greater efficiency. An Analytical Approach to Evidence: Text, Problems, and Cases, Sixth Edition is a problem-based Evidence casebook that presents the Federal Rules of Evidence in context, illuminates the rules’ underlying theories and perspectives, and provides a fully updated and systematic account of the law. The material is presented primarily through straightforward explanatory text. Lively discussion and interesting problems (rather than numerous appellate case excerpts) engage students in understanding the principles, policies, and debates that surround evidence law. Hallmark features of An Analytical Approach to Evidence: Text, Problems, and Cases: <ul>
<li>An opening transcript from an actual criminal law case illustrates how evidence is admitted and excluded in practice—Chapter Two on the trial process can be taught with the transcript or separately</li> <li>A wide range of real-world problems exposes students to the depth and complexity of the Rules of Evidence</li> <li>Every chapter addresses basic rules interpretation, essential policy, and connects theory to practice</li> <li>Teacher’s Manual includes sample syllabi for both 4- and 3-credit courses, transition guide for each chapter, teaching guidance, and answers to all the problems in the book.</li> </ul>
Thoroughly updated, the Sixth Edition presents: <ul>
<li>New co-author Alex Stein (Cardozo), who has published widely in areas of evidence, economic analysis of law, and general legal theory, and brings a wealth of expertise to the sixth edition</li> <li>Discussion of fundamental moral questions</li> <li>Discussion of allocation of authority between judges and juries</li> <li>Rules’ effects on both primary (non-litigation) and litigation behavior</li> <li>Additional pedagogical elements, format redesign, and simplifying notes/questions to increase appeal to students (without sacrificing intellectual sophistication)</li> <li>New assessment problems with answers allow students to test themselves and prepare for exams</li> </ul>
CasebookConnect features: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions from Examples &amp; Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.

An Analytical Approach to Evidence: Text, Problems, and Cases (Aspen Casebook)

Stein, Alex

Legal Education

Wolters Kluwer/Law & Business

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