Archive for August 31st, 2009
McCulloch v. Maryland: Exegesis and Constitutional Education
There are two major parts of McCulloch v. Maryland, 17 U.S. 316 (1819): Part I upholds the constitutionality of the federal legislation creating the National Bank, while Part II strikes down (based on structure and representation reinforcement, but without express textual support) the Maryland tax on the National Bank. In this post I want to say a few things about Part I in particular.
Marshall first sets out the history of the National Bank and then argues that general reasoning (from the nature and structure of government) supports the constitutionality of the federal legislation. He next goes on to argue that the Necessary and Proper Clause further supports this conclusion. Read the rest of this entry »
Nahmod Law 