Madison, James, 1751-1836 to Spencer Roane
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Gilder Lehrman Collection #: GLC02945 Author/Creator: Madison, James, 1751-1836 Place Written: Montpellier, Virginia Type: Autograph letter signed Date: 1819/09/02 Pagination: 7 p. ; 25 x 20 cm. Order a Copy
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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