Search for: "Thomas W. McCulloch"
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7 Feb 2024, 2:35 pm
In this post, I’ll examine the final two “off-ramp” arguments that Donald Trump offers the Court—arguments that would have the Court reverse the judgment of the Colorado Supreme Court without adjudicating whether the Constitution precludes Trump from serving as President. [read post]
7 Feb 2024, 2:02 pm
In this post, I’ll examine the final two “off-ramp” arguments that Donald Trump offers the Court—arguments that would have the Court reverse the judgment of the Colorado Supreme Court without adjudicating whether the Constitution precludes Trump from serving as President. [read post]
19 Jun 2023, 6:30 am
It was famously rejected in McCulloch v. [read post]
25 Feb 2023, 6:50 pm
The critics and cheerleaders of Dr. [read post]
20 Nov 2022, 9:55 am
Id. at 2132 (quoting McCulloch v. [read post]
13 Sep 2022, 6:30 am
Anyone reading Federalist 1 might be forgiven for thinking that it was written by Thomas Jefferson (and not Alexander Hamilton) inasmuch as it is suffused with a faith in “the people” and their capacity for disciplined “reflection” and then wise “choice. [read post]
2 Aug 2022, 6:30 am
Today’s justices make generous use of legal canons—those old principles of interpretation that come from Roman law and are often, perhaps surprisingly, shared with Islamic law.[15]After Karl Llewelyn excoriated the use of these legal canons to interpret statutes as incoherent over half a century ago, Justice Scalia and his textualist colleagues (and disciples) rehabilitated them.[16]They are now favored tools for Justices Barrett, Kavanaugh, Gorsuch, Alito, Roberts, and Thomas. [read post]
27 Jun 2022, 11:30 am
McCulloch v. [read post]
24 Jun 2022, 6:30 am
Sanford Levinson This post was prepared for a roundtable on Law, Literature, and Other Performing Arts, convened as part of LevinsonFest 2022. [read post]
20 May 2022, 1:56 pm
That example is weak, because the Natelson-Kopel argument simply elucidated Chief Justice Marshall's statement in McCulloch v. [read post]
29 Oct 2020, 9:01 pm
Assume that in California v. [read post]
6 Jul 2020, 11:11 am
Later in the paragraph, Kagan feints towards McCulloch v. [read post]
9 Apr 2020, 9:01 pm
That key language from Article I had already been prominently understood at the time of the Fourteenth Amendment, in the seminal case of McCulloch v. [read post]
30 Jun 2019, 6:30 am
Justice Thomas only this past week, for example, indicated that the Court should not be hesitant to overrule its own precedents should they be manifestly unjust.I realize that I basically agree with the McCloskeyan approach and, therefore, am inclined to agree with much of Lessig’s argument insofar as it is similar. [read post]
1 May 2019, 12:00 pm
• Thomas T. [read post]
1 May 2019, 12:00 pm
• Thomas T. [read post]
20 Dec 2018, 9:22 am
The critics and cheerleaders of Dr. [read post]
13 Apr 2018, 8:58 am
Thomas, 1899 Delaware case—principles of high business morality gives “luster” to the system. [read post]
2 Aug 2012, 9:19 am
Only Justice Thomas, who has consistently proclaimed a pre-New Deal conception of the Commerce Clause, was likely to vote to strike the Act down on that ground. [read post]
28 Jun 2012, 8:41 am
Such laws, which are not “consist[ent] with the letter and spirit of the constitution,” McCulloch, supra, at 421, are not “proper [means] for carrying into Execution” Congress’s enumerated powers. [read post]