Madison, James, 1751-1836 to Spencer Roane

GLC02945

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GLC#
GLC02945
Type
Letters
Date
1819/09/02
Author/Creator
Madison, James, 1751-1836
Title
to Spencer Roane
Place Written
Montpellier, Virginia
Pagination
7 p. : Height: 25 cm, Width: 20 cm
Primary time period
National Expansion and Reform, 1815-1860
Sub-Era
The First Age of Reform

Responds to Judge Roane's critical comments on the Supreme Court's decision in McCulloch v. Maryland. Contends that the case "did not call for the general & abstract doctrine interwoven with the decision," preferring that the court evaluate the meaning of the law from particular decisions, not abstractions. Worries about growing legislative powers of the federal government, the doctrine of expediency implied by the ruling, and the institution of a broad "rule of [constitutional] construction." Argues that much misinterpretation of the Constitution arises from "the use made of the species of sovereignty implied in the nature of Govt." Views local sovereignties as a control on the powers of the central government. Speculates that the United States' division of powers among state and federal government allocates powers where they "might be preferred by those who alone had a right to make the distribution."

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