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8 Aug 2012, 12:01 pm by Steve Bainbridge
“The power to tax is the power to destroy,” wrote John Marshall, memorably, for a unanimous Court in McCulloch v. [read post]
5 Mar 2012, 9:00 pm
In Bad News for Professor Koppelman: The Incidental Unconstitutionality of the Individual Mandate, we demonstrated that the individual mandate’s forced participation in commercial transactions cannot be justified under the Necessary and Proper Clause as the Clause was interpreted in McCulloch v. [read post]
19 Aug 2020, 11:30 am by Josh Blackman
Class 2: Foundational Cases on Constitutional Structure (8/19/20) The Necessary and Proper Clause (115-116) McCulloch v. [read post]
29 Apr 2019, 2:04 pm by Steve Lash
Attorneys for the U.S. government and Maryland squared off last week at the Supreme Court over whether the Constitution permits the state to collect taxes from the congressionally chartered national bank without its consent. [read post]
20 Dec 2011, 8:50 am by Lawrence Solum
I first offer an overview of preemption jurisprudence, focusing on the nearly-forgotten legacy of McCulloch v. [read post]
1 Sep 2011, 6:43 pm by Peter
” - Justice John Marshall, McCulloch v Maryland - Congresswoman Maxine Waters (D-CA) is known for her outlandish statements, but this one is impressive even for her: If [the banks] don’t come up with loan modifications and keep people in their homes that they’ve worked so hard for, we’re [...] [read post]
25 Sep 2007, 8:13 am
., McCulloch v. [read post]
11 Nov 2019, 6:00 am by John Mikhail
This week and next at Balkinization we are hosting a symposium on David Schwartz’s new book, The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. [read post]
24 Jun 2011, 4:44 pm by David Kopel
(David Kopel) A recent Yale Law Journal Online article by Northwestern law professor Andrew Koppelman argues that the Obamacare individual mandate is obviously constitutional, especially in light of how McCulloch v. [read post]