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.