Great States Rights Interpretation

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	• Construction Construed, and Constitutions Vindicated John Taylor Lawbook Exchange, 1998 - 344 pages average customer review:based on 1 review view larger image
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Great States Rights Interpretation

John Taylor of Caroline's " Construction Construed, and Constitutions Vindicated" is a brilliant refutation of JohnMarshall's decision in Mc Culloch vs. Maryland. Taylor dissects the decision based on a Jeffersonian view of the delegated powers of the federal government in the U.S. Constitution. Taylor shows how the decision annhilates the taxing powers of the states within their own borders, and elevates the authority of the federal government above the states. Taylor is especially critical of Marshall's dictum that the federal government is " supreme" in it's " sphere". Taylor rejects this view completely.Taylor maintains that the federal government is a government of delegated, limited powers, and that powers not delgated are reserved to the states. It is truly a brilliant states rights interpretation. He also reviews the Missouri Compromise. He shows the unconstitutionality of the Compromise and is prophetic on how it will lead to civil war. Other objects discussed are the ruinous effects of bounties to corporations and the creation of exclusive priviledges for the wealthy. Overall brilliant.

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Taylor, John. Construction Construed and Constitutions Vindicated. Richmond: printed by Shepherd & Pollard, 1820. iv, 344pp. Reprinted 1998 by The Lawbook Exchange, Ltd. LCCN 97-49411. ISBN 1-886363-43-9. Cloth. $65. One of the major works of the Virginian John Taylor of Caroline [1753-1824]. Little-known today, Taylor's work is of great significance in the political and intellectual history of the South and is essential for understanding the constitutional theories that Southerners asserted to justify secession in 1861. Taylor fought in the Continental army during the American Revolution and served briefly in the Virginia House of Delegates and as a U.S. Senator. It was as a writer on constitutional, political, and agricultural questions, however, that Taylor gained prominence. He joined with Thomas Jefferson and other agrarian advocates of states' rights and a strict construction of the Constitution in the political battles of the 1790s. His first published writings argued against Secretary of the Treasury Alexander Hamilton's financial program. Construction Construed and Constitutions Vindicated was Taylor's response to a series of post-War of 1812 developments including John Marshall's Supreme Court decision in McCulloch v. Maryland, the widespread issuance of paper money by banks, proposals for a protective tariff, and the attempt to bar slavery from Missouri. Along with many other Southerners, Taylor feared that these and other measures following in the train of Hamilton's financial system, were undermining the foundations of American republicanism. He saw them as the attempt of an "artificial capitalist sect" to corrupt the virtue of the American people and upset the proper constitutional balance between state and federal authority in favor of a centralized national government. Taylor wrote, "If the means to which the government of the union may resort for executing the power confided to it, are unlimited, it may easily select such as will impair or destroy the powers confided to the state governments." Jefferson, who noted that "Col. Taylor and myself have rarely, if ever, differed in any political principle of importance," considered Construction Construed and Constitutions Vindicated "the most logical retraction of our governments to the original and true principles of the Constitution creating them, which has appeared since the adoption of the instrument." Later Southern thinkers, notably John C. Calhoun, were clearly indebted to Taylor. Sabin, A Dictionary of Books Relating to America 94486. Cohen, Bibliography of Early American Law 6333.

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