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Modern originalists are leapfrogging over the Taft era to resurrect an older, anti-Federalist tradition of strict construction and textualism that dates back to Spencer Roane and John Taylor’s response to McCulloch v. [read post]

Balkinization - http://balkin.blogspot.com/

A User’s Guide to Trump v. Anderson, Addendum II: The Justices’ Principal Concern at Oral Argument, and the Possibility of a Federalism-Based Resolution

15 Feb 2024, 3:33 pm by Marty Lederman

The idea, of course, traces back to McCulloch v. [read post]

Balkinization - http://balkin.blogspot.com/

A User’s Guide to Trump v. Anderson, Part Seven: Trump’s Two Remaining “Off-Ramp” Arguments: (i) That Colorado has Implemented a De Facto Extraconstitutional Presidential Qualification, in Violation of Term Limits v. Thornton; and (ii) That Colorado has Abused its Article II Authority to Appoint Presidential Electors in a “Manner” of that Colorado Law Doesn’t Authorize

7 Feb 2024, 2:35 pm by Marty Lederman

Term Limits v. [read post]

Balkinization - http://balkin.blogspot.com/

A User’s Guide to Trump v. Anderson, Part Seven: Trump’s Two Remaining “Off-Ramp” Arguments: (i) That Colorado has Implemented a De Facto Extraconstitutional Presidential Qualification, in Violation of Term Limits v. Thornton; and (ii) That Colorado has Abused its Article II Authority to Appoint Presidential Electors in a “Manner” of Appointment that Colorado Law Doesn’t Authorize

7 Feb 2024, 2:02 pm by Marty Lederman

Term Limits v. [read post]

Balkinization - http://balkin.blogspot.com/

[Josh Blackman] Today in Supreme Court History: February 1, 1816

1 Feb 2024, 4:00 am by Josh Blackman

The Supreme Court would uphold the constitutionality of the Bank in McCulloch v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Trust Terms Everyone Should Know

19 Jan 2024, 10:55 am by McCulloch & Miller, PLLC

At McCulloch & Miller, PLLC, we provide peace of mind for those looking to start the estate planning process. [read post]

Houston Estate Planning and Elder Law Attorney Blog - https://blog.mcmfirm.com/

[Steven Calabresi] Defending Clarence Thomas from My Good Friend Steve Lubet

2 Jan 2024, 11:51 pm by Steven Calabresi

Steven Gow Calabresi, Elise Kostial, Gary Lawson, What McCulloch v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Jonathan H. Adler] William Barr Responds on American Petroleum Institute v. Minnesota

26 Dec 2023, 2:17 pm by Jonathan H. Adler

The Constitution, as Chief Justice Marshall put it in McCulloch v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

How is an Inheritance Affected by Divorce in Texas?

14 Dec 2023, 9:04 am by Thomas W. McCulloch

Marital v. [read post]

Houston Estate Planning and Elder Law Attorney Blog - https://blog.mcmfirm.com/

[Jim Lindgren] Calabresi: The Amar Brief in Moore v. United States Should Not be Embraced

15 Nov 2023, 10:21 pm by Jim Lindgren

Professor Amar's view is that "we must remember that it is a Constitution that we are expounding" that would last "for the ages" as John Marshall said in McCulloch v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Sasha Volokh] Taxing Nudity: Discriminatory Taxes, Secondary Effects, and Tiers of Scrutiny—part 3 in a series

17 Oct 2023, 9:23 am by Sasha Volokh

" In Regan v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Josh Blackman] Today in Supreme Court History: September 2, 1819

2 Sep 2023, 4:00 am by Josh Blackman

9/2/1819: James Madison writes letter to Judge Spencer Roane criticizing McCulloch v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

How Prenups Affect Estate Plans in Texas

27 Aug 2023, 6:41 am by David W. Miller

At McCulloch & Miller, PLLC, our priorities are your priorities, because we take a personalized, holistic, client-centered approach to every one of our cases. [read post]

Houston Estate Planning and Elder Law Attorney Blog - https://blog.mcmfirm.com/

Eight (or Nine?) Republican Presidential Hopefuls in Search of a Federal Abortion Policy

24 Aug 2023, 8:58 am by Michael C. Dorf

True, Jackson opposed the bank on policy grounds, but he also denied that the Supreme Court decision in McCulloch v. [read post]

Dorf on Law - http://www.dorfonlaw.org/