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.