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Richard E. Ellis

Aggressive Nationalism: McCulloch v. Maryland and the Foundation of Federal Authority in the Young Republic 1st Edition

by Richard E. Ellis (Author)

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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.

ISBN-10

0195323564
ISBN-13

978-0195323566
Edition

1st
Publisher

Oxford University Press
Publication date

August 22, 2007
Language

English
Dimensions

8.9 x 0.8 x 6.2 inches
Print length

280 pages
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Editorial Reviews

Review

"A firm narrative that will be fascinating to the general reader"--Maryland Historical Magazine

"Richard E. Ellis has once again earned great admiration from all students of American history. Lucid, forceful, and important, Aggressive Nationalism will fundamentally change the standard views of emerging American nationalism and the fascinating politics that lay behind it. It is a major contribution from a consistently impressive and pioneering historian."--Sean Wilentz, Princeton University

"Richard Ellis always finds new ways of understanding familiar topics - with the added, singular virtue of being so right. A judicious historian, Ellis determinedly renders historical events in real time and place. John Marshall's McCulloch v. Maryland opinion--long a chestnut of constitutional interpretation and analysis--endures as a bold statement for perennial problems of federalism and constitutional interpretation (despite Justice Scalia's misguided disdain). Ellis effectively challenges Marshall's questionable determination to protect the Bank of the United States; but Ellis also properly recognizes that Marshall's striking language remains the standard for a wise, pragmatic, and evolving interpretation of the Constitution. We can be grateful for this extraordinary book."--Stanley Kutler, author of Privilege and Creative Destruction: The Charles River Bridge Case

"Both scholarly and readable, this study puts the great case of McCulloch v. Maryland in a clear historical context. It will enlighten both students and specialists."--Michael Les Benedict, Ohio State University

"The Ellis text offers insightful analysis of how individual states fared before, during, and after the national bank controversy."--Law and Politics Book Review

"a detailed account of one of the most important U.S. Supreme Court cases in the early nineteenth century...Ellis is adept at using the story of McCulloch to illuminate the broader politics of the middle Jeffersonian era...Ellis's careful attention to the conflicted feelings about the loss of control over credit and revenue in the states in the 1810s is most welcome."--The Journal of American History

"Ellis's book should be read for its valuable exploration of sub-state versus federal constitutional politics."--The American Historical Review

About the Author

Richard E. Ellis is Professor of History at the University of Buffalo, SUNY. Among his published works are The Jeffersonian Crisis: Courts and Politics in the Young Republic (1971) and The Union at Risk: Jacksonian Democracy, State's Rights, and the Nullification Crisis (1987). He has held grants from The John Simon Guggenheim Foundation, the National Endowment for the Humanities, and the American Council of Learned Societies.

Product details

Publisher ‏ : ‎ Oxford University Press; 1st edition (August 22, 2007)
Language ‏ : ‎ English
Hardcover ‏ : ‎ 280 pages
ISBN-10 ‏ : ‎ 0195323564
ISBN-13 ‏ : ‎ 978-0195323566
Item Weight ‏ : ‎ 1.18 pounds
Dimensions ‏ : ‎ 8.9 x 0.8 x 6.2 inches

Best Sellers Rank: #3,315,605 in Books (See Top 100 in Books)
- #1,467 in Constitutional Law (Books)
- #3,548 in Legal History (Books)
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Richard Freedland

McCuloch v Maryland and the power to tax

Reviewed in the United States on May 2, 2013

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Professor Ellis in his book, "Aggressive Nationalism" states in the Introduction that Justice Marshall claims that "the power to tax is the power to destroy". However, in his essay on McCulloch in Constitutional Cases edited by Kermit Hall, Ellis provides us with the exact and accurate quote from McCulloch that the "Power to tax INVOLVES the power to destroy" in reference to the potential harm if the Court allowed the States to tax the US Bank. I am curious as to the discrepancy in the two conflicting examples from McCulloch. Otherwise, this is an excellent analysis of this most famous case. Also, his abbreviation for the second US Bank can be distracting at times.

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GMC

A significant subject, one addressed with competance and good will

Reviewed in the United States on June 14, 2020

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The book, in fine shape, better than advertised, arrived safely in a good package.

Reviewed in the United States on April 17, 2014

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This is a must have for anyone interested in the history of the Supreme Court. Easy to read and understand. Not a book to gather dust. Ellis explains in clear language how this major decision of Chief Justice Marshall affects us today.

One person found this helpful

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Christopher A. Khatami

Excellent treatment of economic

Reviewed in the United States on February 5, 2017

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Excellent treatment of economic, political, legal, and constitutional dimensions of a foundational US Supreme Court decision. Ellis's book slices into the gravamen of federalism.

One person found this helpful

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Roger D. Launius

A New Analysis of one of the Most Important Supreme Court Decisions in American History

Reviewed in the United States on January 25, 2008

This book is a sophisticated reinterpretation of a critical court case in the early national period. McCulloch v. Maryland (1819) has been one of the two most cited cases of the Marshall Court, enforcing the implied powers of the national government over those of the states. Ellis turns that fundamental result on its head and asks what the immediate repercussions of the decision might have been. He finds that immediately thereafter the ruling was largely ignored, even widely criticized. He also offers a counter to the dominant position about Marshall's nation-building theme, by suggesting that if we move beyond the Chief Justice's nationalistic perspective alternative positions were appropriate but largely ignored by the decision.

The case was really about the constitutionality of the Second Bank of the United States, a public/private partnership that some believed represented a gross overstepping of legitimate federal power. At a fundamental level it represented a debate over national prerogative versus states' rights. Marshall ignored in his opinion many of the points that seemed to be of the most concern to the defendants. Those included the propriety of the federal government chartering a private, profit-making national bank, that bank's authority to conduct its business wherever it wished, its imperviousness to taxation and regulation, and a host of other concerns. Looked at in this manner, the state of Maryland had an important matter for resolution that Marshall decided not to address.

Instead John Marshall reemphasized the power of the federal government to the exclusion of the rights of the states. This important contention would consume national/state relations through the Civil War era and some might say that it is still far from settled. "Aggressive Nationalism" is a good title for this book as Marshall defended that to the exclusion of any sense of state prerogative.

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