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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-?-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
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