Founding Authority: Authority, the Authoritative, and John Marshall's <i>McCulloch</i>

Abstract Lacking the powers of “purse or sword,” U.S. Supreme Court is particularly dependent upon maintaining “authority” in order to ensure recognition its constitutional rulings. Such authority allows operate against majority and survive as a political institution despite lacking basis popular will. In one understanding Court's position, that sits outside politics, calls pre-existing accepted relationship navigate absence power force. Linking non-political role, can be seen countermajoritarian by design. Calling on an which life, necessity it lacks attachment any given era, instead binds nation constitution above beyond politics. However second approach emphasizes not past moment pre-political but rather collective authority. This view looks Flathman's conception “the authoritative,” defined terms web conventions” link authority, situate within current moment. Examining central development case McCulloch vs. Maryland, this article argues most readily captures Court. Through close reading Chief Justice John Marshall's opinion shows while appeals founding were important opinion, these productively understood reflective authoritative ethos early American Republic. Framed manner, sought generate through connection contingent sense authoritative. Crucially, such positions contemporary realm offers possibility politics less anchored particular historical founding.