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  • Why McCulloch v. Maryland—now 200 years old—is not a ‘big government’ manifesto

    Why McCulloch v. Maryland—now 200 years old—is not a ‘big government’ manifesto0

    • December 7, 2019

    In the 20th century, the Supreme Court cited McCulloch to uphold unprecedented federal spending and regulatory programs. Law school constitutional law courses sometimes treat McCulloch the same way. . . . [But] this approach is the product of historical ignorance.

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  • Struggling With Nullification0

    • February 3, 2014

    Does a state have the right to nullify federal statutes the state considers unconstitutional? This depends largely on how you define “nullification.” It also depends on what you mean by “right” and what kind of document you understand the Constitution to be. In other words, it depends on your premises. Unfortunately, people often discuss—and debate,

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