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- Title
ORIGINALISM, JOHN MARSHALL, AND THE NECESSARY AND PROPER CLAUSE: RESURRECTING THE JURISPRUDENCE OF ALEXANDER ADDISON.
- Authors
CHARLES, PATRICK J.
- Abstract
The article focuses on the influence of Pennsylvania Circuit Judge Alexander Addison on the chief justice John Marshall's interpretation of the Necessary and Proper Clause. It mentions that Alexander Addison's legacy remains in the U.S. constitutional jurisprudence in two ways including interpretation of the Necessary and Proper Clause through the choice of means doctrine and an independent judiciary. It discusses Marshall's opinion in the U.S. Supreme Court case McCulloch v. Maryland that emphasizes the importance of the choice of means in determining the constitutionality of congressional legislation. The Necessary and Proper Clause permits congress to create federal criminal laws, to punish for violation, and to imprison violators.
- Subjects
UNITED States; ADDISON, Alexander; MARSHALL, John; JUDICIAL independence; STATUTORY interpretation; UNITED States. Supreme Court; MCCULLOCH v. Maryland; CRIMINAL law; PUNISHMENT in crime deterrence; IMPRISONMENT
- Publication
Cleveland State Law Review, 2010, Vol 58, Issue 3, p529
- ISSN
0009-8876
- Publication type
Article