However, to give Marshall full credit for the “choice of means” doctrine is unfair, he was not the first to lay claim to the doctrine when interpreting the Necessary and Proper Clause. Indeed, the philosophical and legal influences of John Marshall have been the speculation of scholarly discourse for some time. For instance, many legal commentators and historians have attributed the influence of Marshall's opinions to being a strong Federalist because many of his opinions echo the Federalist interpretation of the Constitution. However, Marshall's opinions were also influenced by factors that sometimes conflicted with Federalist thought. This Article does not set out to determine the extent of Marshall's judicial influences. Instead, this Article seeks to address the influence of Pennsylvania Circuit Judge Alexander Addison on Marshall's interpretation of the Necessary and Proper Clause.
Patrick J. Charles,
Originalism, John Marshall, and the Necessary and Proper Clause: Resurrecting the Jurisprudence of Alexander Addison,
58 Clev. St. L. Rev.
available at https://engagedscholarship.csuohio.edu/clevstlrev/vol58/iss3/3