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Article: "Tucker's rule": St. George Tucker and the limited construction of federal power.(The Legacy of St. George Tucker)
- Article from:
- William and Mary Law Review
- Article date:
- February 1, 2006
- Author:
CopyrightCOPYRIGHT 2006 College of William and Mary, Marshall Wythe School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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When Joseph Story published his Commentaries on the Constitution in 1833, he dedicated the work "To the Honorable John Marshall," whose "expositions of constitutional law enjoy a rare and extraordinary authority. They constitute a monument of fame far beyond the ordinary memorials of political and military glory." (1) Throughout the Commentaries, Story generously quoted Chief Justice Marshall's great nationalist opinions in McCulloch v. Maryland, (2) Gibbons v. Ogden, (3) and Cohens v. Virginia (4) and used them to construct a thoroughly nationalist reading of the federal Constitution. (5) Along the way, Story seemingly dismantled prior states' rights interpretations of ...