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11 May 2011, 1:51 pm by David Kopel
Maryland, 17 U.S. 316 (1819), and in Chief Justice John Marshall’s public explanations of M’Culloch.Once the meaning of the Clause is understood, the implications for the individual mandate are clear:The mandate is not “necessary” because power to impose it is not a subsidiary “incident” to Congress’s Commerce Power. [read post]
19 Oct 2010, 3:05 am
Supreme Court Chief Justice John Marshall held that Congress did not have the authority to adopt legislation compelling the delivery of the commissions, thereby establishing the precedent for the Supreme Court’s review of the constitutionality of an act of Congress. [read post]
20 Mar 2024, 11:24 am by Ronald Mann
ShareTuesday’s argument in Truck Insurance Exchange v. [read post]
2 Dec 2010, 12:57 pm by Steve Hall
William Brennan and Thurgood Marshall wrote that the death penalty could never be constitutional. [read post]
29 Jun 2007, 1:50 am
" This reference by Chief Justice John G. [read post]
3 Nov 2017, 2:55 am by Scott Bomboy
” When Justice John Marshall Harlan looked at these debates as he wrote his dissent in Elk v. [read post]
12 Oct 2011, 8:44 am by CJLF Staff
Marshalls in Pheonix, Arizona, after he failed to register as a sex offender when he moved. [read post]
2 Jul 2012, 5:30 pm by Colin O'Keefe
On LXBN TV, Max Kennerly joins us to offer his thoughts on why Chief John Roberts voted to uphold the individual mandate. [read post]
4 May 2017, 5:45 pm by Sandy Levinson
The most important single Supreme Court opinion in our history is undoubtedly that written by John Marshall in McCulloch v. [read post]
8 Jan 2013, 11:05 am by Kedar S. Bhatia
The Marshall Court had used these sparingly, registering a total of forty-one during its thirty-five year run. [read post]
5 Mar 2013, 1:01 pm by John Elwood
  This includes the notorious layabout Marshall v. [read post]
5 Oct 2010, 5:53 am by Gerard Magliocca
 John Marshall Harlan the elder is an example of this category. [read post]
7 Oct 2015, 6:00 am
This would not be possible without the hard work of our multi-state team composed of Marshall Cohen, Roberta Cooper, Bruce Buchanan and myself, John Gihon. [read post]