Quantcast
728 x 90
728 x 90
728 x 90
728 x 90
728 x 90



  • 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.

    READ MORE
  • Chief Justice John Marshall: Not the Big Government Guy You Might Think0

    • February 22, 2015

    Chief Justice John Marshall (in office 1801-1835) is often identified with an expansive “big government” interpretation of the Constitution. Fans of big government cite him as an ally; opponents as an enemy. This view of Marshall is a caricature. It is true that Marshall was a Federalist—he occupied a place on the political spectrum of

    READ MORE
  • 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,

    READ MORE
  • Did the Founders expect the Courts to Declare Laws Unconstitutional?0

    • April 15, 2012

    Every so often I’m asked whether the Founders anticipated judicial review. In other words, whether the Founders expected the courts to void laws they found unconstitutional. The clear answer is “yes.” During the colonial era, each colony was governed by its charter, which was a kind of constitution for the colony. Colonial laws in violation

    READ MORE
  • The greatly misunderstood Chief Justice John Marshall0

    • July 16, 2011

    One of the most enduring myths in American constitutional history is that Chief Justice John Marshall was a judicial activist whose decisions are good precedent for the modern federal monster state. Marshall was the fourth chief justice of the U.S. Supreme Court (third, if you don’t count John Rutledge, a recess appointment who was never

    READ MORE