Arkansas Law Review Honors M'Culloch v. Maryland Bicentennial

Cover of "McCulloch v. Maryland at 200: the Past and Future of American Constitutional Law," Vol. 72, No. 1 of the Arkansas Law Review

FAYETTEVILLE, Ark. – The Arkansas Law Review celebrated the 200th anniversary of M'Culloch v. Maryland by dedicating the first issue of its 72nd volume to the case. The Supreme Court decision to uphold the constitutionality of the Second Bank of the United States was issued on March 6, 1819.

The publication featuresarticles by veteran legal scholars Mark A. Graber, Mark R. Killenbeck, Sanford Levinson, Yxta Maya Murray, and David S. Schwartz. The authors explore the case's multiple interpretations and its impact on a myriad of subjects - from health care to disaster response - during the past two centuries. It also contains contributions by three recent graduates of the Law School. 

"M'Culloch v. Maryland is Chief Justice John Marshall's most enduring opinion and the most important constitutional law case on the powers of Congress, and arguably, with Brown, the most important ever," Schwartz said. "Yet it received comparatively little scholarly attention until University of Arkansas Law School professor Mark Killenbeck published his ground-breaking book, M'Culloch v. Maryland: Securing a Nation. Continuing that tradition, the Arkansas Law Review has taken the lead in publishing new M'Culloch scholarship to mark that landmark case's 200th anniversary. We owe a debt to the Arkansas Law Review and professor Killenbeck for advancing our historical knowledge on this great Supreme Court case."

The annual Wisconsin Discussion Group on Constitutionalism chose "McCulloch v. Maryland at 200: the Past and Future of American Constitutional Law" as the theme for its 2018 gathering. Thirteen constitutional law and legal history scholars presented papers and participated in intensive discussion at the event hosted by the University of Wisconsin Law School. The Arkansas Law Review offered to publish a selection of the papers, which became Vol. 72, No.1 of the journal and shares the title of the conference. 

"This is a remarkable opportunity for the Arkansas Law Review," said Killenbeck. "Our students have the honor of publishing path breaking work by the top scholars in this field, and a few even published alongside these intellectual powerhouses." 

"Without a doubt, M'Culloch v. Maryland is not only the most important single case decided by the Marshall Court, but also the most significant in structuring continuing debates two centuries later about the meaning of the Constitution with regard to the powers of the national government (and of the Supreme Court itself)," Levinson said. "The Arkansas Law Review symposium, sparked by Arkansas professor Mark Killenbeck, himself an author of a key book on the case, offers a variety of recent perspectives on this ever-fascinating decision and its ramifications."

The volume includes:

"McCulloch at 200" and "Defying McCulloch? Jackson's Bank Veto Reconsidered" by Schwartz, the Foley and Lardner Bascom Professor of Law at the University of Wisconsin-Madison Law School. His book "The Spirit of The Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. Maryland" will be released this fall by the Oxford University Press. 

"The Confusing Language of McCulloch v. Maryland: Did Marshall Really Know What He Was Doing (or Meant)?" by Levinson, the W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair in Law at the University of Texas Law School. He is the author of approximately 400 articles, book reviews or commentaries in professional and popular journals, six books and is a regular contributor to the popular blog Balkinization.

"M'Culloch in Context" by Killenbeck, the Wylie H. Davis Distinguished Professor of Law at the University of Arkansas. His book "M'Culloch v. Maryland Securing A Nation" was the first book-length study of the case. He discussed the case last spring on C-SPAN's Landmark Cases series and will make his third appearance at the United States Supreme Court when he delivers the first Leon Silverman Lecture in the Fall, 2019 series on Oct. 7.

"Overruling McCulloch?" by Graber, the Regents Professor at the University of Maryland Carey School of Law. He is recognized as one of the leading scholars in the country on constitutional law and politics. His most recent book, "Constitutional Democracy in Crisis?," was co-edited with Levinson and Mark Tushner.

"What FEMA Should Do After Puerto Rico: Toward Critical Administrative Constitutionalism" by Murray, professor of law and William M. Rains Fellow at Loyola Law School. She writes about Community Constitutionalism, Criminal Law, Property Law, Gender Justice, and Law and Literature. She is a 1999 Whiting Award winner, an American award presented annually to ten emerging writers in fiction, nonfiction, poetry and plays.

Entries from three 2019 graduates, who were students at the time and helped publish the issue through their responsibilities with the Arkansas Law Review, include: "Identities Lost: Enacting Federal Law Mandating Disclosure and Notice After a Data Security Breach," by John Ogle, managing editor; "A Constellation of Benefits and a Universe of Equal Protection: The Extension of the Right to Marry Under Pavan v. Smith" by Brad Aldridge, member; and "Recent Developments" by Raelynn Hillhouse, research editor.

Schwartz extends an invitation at the end of his opening essay.

"We welcome you the reader to join this scholarly birthday party for McCulloch at 200. What better way to celebrate the great case than to give it a close and new look."

The issue may be found on the Arkansas Law Review website or in the Arkansas Law Review section of ScholarWorks@UARK website.

About the Arkansas Law Review: Published quarterly, the Arkansas Law Review has as its primary objective the dissemination of scholarly and authoritative articles on significant legal issues. Its editorial board serves the Arkansas legal community and beyond by publishing scholarship of state, national and international importance.