John Marshall's constitutionalism / Clyde H. Ray.
2019
KF8745.M3 R39 2019 (Map It)
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Details
Author
Title
John Marshall's constitutionalism / Clyde H. Ray.
Published
Albany, NY : SUNY Press, [2019]
Call Number
KF8745.M3 R39 2019
ISBN
9781438474410 (hardcover : alk. paper)
1438474415
9781438474427 (e-book)
1438474423
1438474415
9781438474427 (e-book)
1438474423
Description
x, 160 pages ; 24 cm.
System Control No.
(OCoLC)1044772986
Summary
John Marshall's Constitutionalism' is an exploration of Supreme Court Chief Justice John Marshall's political thought. Often celebrated and occasionally derided as a force in the creation of American jurisprudence and the elevation of the American Supreme Court, Marshall is too seldom studied as a political thinker. Clyde H. Ray explores this neglected dimension of Marshall's thought by examining his constitutional theory in the context of several of his most important Supreme Court opinions, arguing that Marshall's political theory emphasized the federal Constitution's fundamental legitimacy; its sovereignty over national and state government policy; its importance in defining responsible citizenship; and its role in establishing a Constitution-based form of American nationalism. This cross-disciplinary argument illustrates Marshall's devotion to the Constitution as a new source of national identity during the early national period. Furthermore, Ray argues that Marshall's constitutionalism makes important contributions not only to our understanding of American constitutionalism during his time, but also conveys important lessons for readers seeking a better understanding of the Constitution's role in the United States today.
Note
John Marshall's Constitutionalism' is an exploration of Supreme Court Chief Justice John Marshall's political thought. Often celebrated and occasionally derided as a force in the creation of American jurisprudence and the elevation of the American Supreme Court, Marshall is too seldom studied as a political thinker. Clyde H. Ray explores this neglected dimension of Marshall's thought by examining his constitutional theory in the context of several of his most important Supreme Court opinions, arguing that Marshall's political theory emphasized the federal Constitution's fundamental legitimacy; its sovereignty over national and state government policy; its importance in defining responsible citizenship; and its role in establishing a Constitution-based form of American nationalism. This cross-disciplinary argument illustrates Marshall's devotion to the Constitution as a new source of national identity during the early national period. Furthermore, Ray argues that Marshall's constitutionalism makes important contributions not only to our understanding of American constitutionalism during his time, but also conveys important lessons for readers seeking a better understanding of the Constitution's role in the United States today.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
Introduction : John Marshall and the Constitution
John Marshall, Marbury v. Madison, and the construction of constitutional legitimacy
John Marshall, McCulloch v. Maryland, and the concept of constitutional sovereignty
John Marshall, Ogden v. Saunders, and the character of constitutional liberty
The Native American trilogy and the idea of constitutional nationalism
Summation : the legacy of Marshall's constitutionalism.
John Marshall, Marbury v. Madison, and the construction of constitutional legitimacy
John Marshall, McCulloch v. Maryland, and the concept of constitutional sovereignty
John Marshall, Ogden v. Saunders, and the character of constitutional liberty
The Native American trilogy and the idea of constitutional nationalism
Summation : the legacy of Marshall's constitutionalism.