Jefferson, Marshall, and the Evolution of American Constitutionalism

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John Marshall, Chief Justice of the Supreme Court (1801-1835)

Last time, we discussed the vital importance of the issue of federalism (that is, the balance of power between the national and state governments) in the early period of the Constitution. For a summary of the debates over foreign affairs powers; click here.

READINGS

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Simon, What Kind of Nation, pp. 138-259.

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Marbury v. Madison (1803)

Since this class represents our first encounter with Supreme Court cases this term, you might want to start with this brief primer on how historians--as opposed to lawyers--read and analyze Court opinions.