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Book Review
Canada and the United States
| Gerard N. Magliocca. Andrew Jackson and the Constitution: The Rise and Fall of Generational Regimes. Lawrence: University Press of Kansas. 2007. Pp. xi, 186. $29.95.
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| Gerard N. Magliocca offers an interpretation of Jacksonian constitutionalism inspired by legal scholar Bruce Ackerman's account of constitutional moments. For Ackerman, constitutional moments are few. Magliocca argues that constitutional developments on a smaller scale can be understood as the result of generational succession. His model is one in which the constitutional visions that motivate political action are shaped in opposition to a prevailing vision, confront that vision's adherents and sometimes succeed politically, and become ossified—"corrupt" in terms familiar in constitutional history—and thereby produce a new oppositional generation. But, Magliocca argues, constitutional visions do not emerge fully formed. Discrete political controversies provoke specific responses, which become more comprehensive visions as partisans try to make sense of the positions they have been taking. |
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In this account Jacksonian constitutionalism responded to the corruption of national power embodied in the Second Bank of the United States, which was given its constitutional validation in McCulloch v. Maryland (1819). Jacksonians never reconciled themselves to Chief Justice John Marshall's nationalist constitutionalism and responded with their own constitutional vision, expressed in Jackson's opposition to internal improvements (the Maysville Road veto of 1830) and to the rechartering of the Bank of the United States, which Jackson vetoed in 1832. |
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