NCJ Number
133096
Date Published
1991
Length
350 pages
Annotation
This volume presents commentaries and the texts of original documents designed to trace the development of constitutional argument from 1791 to 1818 when the U.S. Supreme Court issued its decision in McCulloch v. Maryland.
Abstract
An introductory essay analyses major themes presented in the materials, including the proper role of legislative and judicial precedent, judicial authority, and the meanings of sovereignty and judicial discretion. Additional sections focus on the disagreements between the nationalists, who wanted a strong central government, and opposition leaders, who insisted on a narrower and more closely text-bound interpretation of the Constitution. Further chapters examine the constitutional crisis that arose after Congress's passage of the Alien and Sedition Acts of 1798, the later debate regarding whether the president or the Federal courts had the final authority in interpreting the law, and the dispute over the extent of Federal legislative power. Notes and index