John Marshall and the Constitution, a Chronicle of the Supreme CourtCorwin, Edward Samuel
History
John Marshall and the Constitution, a Chronicle of the Supreme Court
Corwin, Edward Samuel
Constitutional history -- United States; Marshall, John, 1755-1835; United States. Supreme Court
The second Bank of the United States, whose branch Maryland was now
trying to tax, received its charter in 1816 from President Madison. Well
might John Quincy Adams exclaim that the "Republicans had outfederalized
the Federalists!" Yet the gibe was premature. The country at large was
as yet blind to the responsibilities of nationality. That vision of
national unity which indubitably underlies the Constitution was after
all the vision of an aristocracy conscious of a solidarity of interests
transcending state lines. It is equally true that until the Civil War,
at the earliest, the great mass of Americans still felt themselves to be
first of all citizens of their particular States. Nor did this
individualistic bias long remain in want of leadership capable of giving
it articulate expression. The amount of political talent which existed
within the State of Virginia alone in the first generation of our
national history is amazing to contemplate, but this talent
unfortunately exhibited one most damaging blemish. The intense
individualism of the planter-aristocrat could not tolerate in any
possible situation the idea of a control which he could not himself
ultimately either direct or reject. In the Virginia and Kentucky
resolutions of 1798 and 1799, which regard the Constitution as a compact
of sovereign States and the National Government merely as their agent,
the particularistic outlook definitely received a constitutional creed
which in time was to become, at least in the South, a gloss upon the
Constitution regarded as fully as authoritative as the original
instrument. This recognition of state sovereignty was, indeed, somewhat
delayed by the federalization of the Republican party in consequence of
the capture of the National Government by Virginia in 1800. But in 1819
the march toward dissolution and civil war which had begun at the
summons of Jefferson was now definitely resumed. This was the year of
the congressional struggle over the admission of Missouri, the most
important result of which was the discovery by the slave owners that the
greatest security of slavery lay in the powers of the States and that
its greatest danger lay in those of the National Government. Henceforth
the largest property interest of the country stood almost solidly behind
State Rights.
Public-domain text, read in full here on John Shaqi.
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