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6 Jul 2015, 11:16 am
This was the position articulated by Chief Justice Marshall in McCulloch v. [read post]
12 Jun 2015, 6:38 am by John Mikhail
”  This statement sounds very much like the interpretive principle underlying one of John Marshall’s most famous remarks in McCulloch v. [read post]
9 Jun 2015, 6:00 am
Or, in the words of John Marshall (with whom I sometimes do agree) in McCulloch v. [read post]
5 Jun 2015, 9:33 am
Even opponents of the Constitution conceded the existence of judicial nullification, though as at the Philadephia convention some again questioned its efficacy: In Maryland, Luther Martin thought that the constraints of the constitution were objectionable because whether “any laws or regulations of the Congress, any acts of its President or other officers, are contrary to, or not warranted by, the Constitution, rests only with the judges, who are… [read post]
6 Mar 2015, 7:00 am by Dan Ernst
Schwartz, University of Wisconsin Law School, has posted Misreading Mcculloch v. [read post]
7 Dec 2014, 12:02 am by rhapsodyinbooks
And while Jefferson continued to insist, even when retired, that the federal and state governments represented two independent and equal sovereigns, Marshall, in McCulloch v. [read post]
13 Nov 2014, 9:23 pm
Madison, 5 U.S. (1 Cranch) 137, 173–80 (1803) (congressional and judicial power); McCulloch v. [read post]
20 Jun 2014, 11:53 am by Marty Lederman
”  Moreover, even apart from inconsistency with federal statutes, such a dismissal could well be an unconstitutional state interference with legitimate federal functions, analogous to Maryland’s tax on the federal bank in McCulloch v. [read post]