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The Resurgence of States’ Rights

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Although the Supreme Court under John Marshall solidly embraced the idea of national supremacy, the debate over federal power versus states’ rights was far from settled. Indeed, it remained one of the most significant and divisive political issues of the 1800s. John Marshall’s successor as chief justice, Roger Taney, moved the Supreme Court in a decidedly dual federalist direction. The most notorious ruling of the Taney Court—and possibly the most notorious Supreme Court ruling of all time—came in the infamous Dred Scott case of 1857 (see Chapter 5). Embracing dual federalism, the Court concluded that Congress had exceeded its powers when it abolished slavery in the territories. By insisting that the issue of slavery be left to individual states, the Court effectively ruled out a national legislative solution to the issue. In so doing, the ruling helped to precipitate the Civil War.

American Democracy in Context

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