[57] The great opinions interpretative of the Constitution have each their historical setting. Illustration of this is given in the annotated editions of Marshall’s decisions, e. g., J. P. Cotton’s edition, 2 vols. 1905.
[58] For a detailed history of the first fifteen amendments see the author’s Constitutional History of the United States; the social and political history from 1789 to 1870 are related, respectively, by John Bach McMaster in his History of the People of the United States, and by James Schouler in his History of the United States. J. F. Rhodes in his History of the United States from the Compromise of 1850, 7 vols. (1850–1877), gives the history of congressional legislation and of judicial interpretation during the period. Much of the history relevant to the great decisions of the Court is given in the decisions.
[59] McCulloch v. Maryland, 4 Wheaton, 316 (1819). Many later decisions apply this principle.
For an examination of the character and scope of the Legislative Department, see
Taylor v. Place, 4 R. I., 324 (1856); Dalby v. Wolf, 14 Iowa, 228 (1862); Stone v. City of Charleston, 114 Mass., 214 (1873); Barrno v. Baltimore, 7 Peters, 243 (1833); Calder v. Bull, 3 Dallas, 386 (1798).
The powers of Congress over taxation, commerce, the currency, war, territories, outlying possessions, etc., are particularly examined under appropriate headings in later chapters.
In addition to cases cited in the present Chapter, and to the above, and relating to the powers of Congress, see Gibbons v. Ogden, 9 Wheaton, 1 (1824); The Mayor, etc., of the City of New York v. Miln, 11 Peters, 102 (1837); The License Cases, 5 Howard, 504 (1847); Sinnot v. Davenport, 22 Howard, 227 (1859); Gilman v. Philadelphia, 3 Wallace, 713 (1865); Henderson et al. Mayor of the City of New York, et al. Commissioners of Immigration v. North German Lloyd, 92 U. S., 259 (1875); Hull v. De Cuir, 95 U. S., 485 (1877); Pensacola Telegraph Co. v. Western Union Telegraph Co., 96 U. S., 1 (1877); County of Mobile v. Kimball, 102 U. S., 691 (1880); Williamette Iron Bridge Co. v. Hatch, 125 U. S., 1 (1888).
The best brief treatise on the legislative in America is American Legislatures and Legislative Methods, by Paul S. Reinsch, 1907; the most exhaustive and authoritative treatise is Constitutional Limitations, by Thomas M. Cooley. The general powers of Congress are discussed by Justice Story in his Commentaries on the Constitution, and by Chancellor Kent in his Commentaries on American Law.
See also the authorities cited in the present work on The Law of the Judicial Power.
[60] No. xvi.