Today on Categorical Imperatives we return to my favorite (and mot popular & requested by you, dear viewers!) series “Today In Supreme Court History”
Because it is impossible to sit around and wait for a date celebrating the anniversary of the cases covered the “Today” in Today In Supreme Court History merely signifies today is the day I decided to make a video about a classic case of American Jurisprudence.
McCulloch v. Maryland, 17 U.S. 316 (1819) – https://supreme.justia.com/cases/federal/us/17/316/
This case is considered by many Constitutional law scholars (and many of the best scholars like Rob Natelson, Josh Blackman & Steve Schwartz) to be the most important & foundational case in the corpus of Supreme Court case law (a claim I fully endorse.
The same scholars will also say that McCulloch is also the most misunderstood case in the Court’s history (a claim I largely, but not completely, agree with)
That is why this will be a 3 part series.
This episode is part one – We will be going through a case brief I put together that should provide you the essential background in history & the proceedings that are “necessary & proper” to understand before the more advanced topics of the upcoming episodes:
Episode 2 will be to refute a very common complaint we hear from conservatives about this case; they depict McCulloch as justifying vast federal powers under a broad interpretation of the Constitution. They portray Marshall as a “big government” judge. That portrayal is wrong. McCulloch v. Maryland is sometimes claimed to be “the most misunderstood” case in American constitutional law .
Episode 3 will be talking about how the picture of “implied powers” presented here, coming from John Marshall in the Courts opinion is the antecedent to any number of constitutional doctrines.
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Categorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events in law, politics & culture.
►03:12 McCulloch’s History & proceedings
►06:41 Enumerated Constitutional Powers & the First Bank Of The United States
►14:30 The Second Bank Of The United States
►17:00 The Court’s Opinion