In a revisionist effort Howard Gillman finds that Chief Justice Marshall despite his and the Founders' widely recognized concern for national in terests--was in fact responsible for the Knight states-rights disaster in 1895. In my view nothing Marshall said or did supports the revisionist view- indeed much of what he said and did repudiates it. I suggest that dual federalism, the doctrine on which Knight turns, was a concoction of the plantation South to thwart Marshall's and the Founders' well-known nation alism. I suggest further that this concoction was part of the "lost cause" until the 1890s when business lawyers adopted it for their own anti-federal-regulation purposes. The result was Knight.
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