John Marshall,McCulloch v. Maryland,and the Concept of Constitutional Sovereignty

Scholars have long debated John Marshall's intent in his famous opinion in the case of McCulloch v. Maryland (1819). Despite long-standing disagreement concerning the character of Marshall's nationalism and federalism, interpretations of the opinion typically rely on an incomplete picture of the case. This analysis revisits McCulloch to illustrate his support for national and state sovereignty as defined in the Constitution. It then moves beyond the opinion itself to examine Marshall's defense of McCulloch in a series of newspaper essays he authored in the aftermath of the case. Situated alongside the McCulloch opinion, these essays show that Marshall was as much concerned with defending the sovereignty of the Constitution as he was with adjudicating political authority between national and state governments.     

调和与共融——美国宪法第二修正案的形成

美国宪法修正案第二条在所有的美国宪法条文中行文奇特,模糊不清,从而给解读带来世纪难题.在"持有和携带武器"的权利归属上,就存在截然对立的两种解读方式:"公共权利说"和"个人权利说".事实上,第二修正案和其他修正案一样,也是谈判、妥协和利益平衡的结果,主要表现在两个层面:首先,它是古典共和主义和激进民主主义的调和与共融;再者就是联邦党人和反联邦党人的相互调和与共融.     

The curious case of Catherine Mary Hewitt and U.S. Major General of Volunteers John Fulton Reynolds: bodies,mourning the dead,and religion in the era of the American Civil War

ABSTRACT

At the time of his death at the Battle of Gettysburg, General Reynolds was the highest-ranking Union officer killed in the American Civil War. The return of the General’s body from the battlefront represented an uncommon feature of a war noted for its industrial scale and for the casualties it produced. How loved ones grieved Reynolds illustrates mourning practices among middle- to upper-class women in the Civil War North and underscores the centrality of death in nineteenth-century America. The death of Reynolds also occasioned the introduction of Reynolds’s sisters to the General’s secret fiancée, a Roman Catholic convert. Writers have attributed the clandestine nature of the engagement, and the General’s reluctance to introduce his fiancée to family, to Catherine Hewitt’s Roman Catholicism. But Catholics in the North received greater accommodation in mainline Protestant society than previously imagined, and the many kindnesses that the Reynolds family showed Hewitt point to an increasing acceptance of Catholics among Protestants in established social settings. Finally, Reynolds’s loved ones mourned him in religious and Victorian overtones, but it is not altogether clear that for them religion functioned as the predominant paradigm from which they elicited a transcendent meaning of the General’s death. In this local context, the responses of Reynolds’s loved ones to his death suggest the waning of religious belief in the era of the American Civil War.