MARSHALL,JOHN AND THE SUGAR-TRUST - REPLY

Authors
Citation
W. Mendelson, MARSHALL,JOHN AND THE SUGAR-TRUST - REPLY, Political research quarterly, 49(2), 1996, pp. 405-413
Citations number
13
Categorie Soggetti
Political Science
ISSN journal
10659129
Volume
49
Issue
2
Year of publication
1996
Pages
405 - 413
Database
ISI
SICI code
1065-9129(1996)49:2<405:MATS-R>2.0.ZU;2-1
Abstract
In a revisionist effort Howard Gillman finds that Chief Justice Marsha ll despite his and the Founders' widely recognized concern for nationa l interests-was in fact responsible for the Knight states-rights disas ter in 1895. In my view nothing Marshall said or did supports the revi sionist view-indeed much of what he said and did repudiates it. I sugg est that dual federalism, the doctrine on which Knight turns, was a co ncoction of the plantation South to thwart Marshall's and the Founders ' well-known nationalism. I suggest further that this concoction was p art of the ''lost cause''-until the 1890s when business lawyers adopte d it for their own anti-federal-regulation purposes. The result was Kn ight.