Episode # 60
Today on Categorical Imperatives we arrive at the 3rd and final video in my series on McCulloch v Maryland (1819)
This case is widely considered the most consequential, important case the corpus of Constitutional case law. It is foundational to the historical construction of the ‘Necessary & Proper clause’, it did more to shape the doctrine of judicial review than the more well known Marbury v Madison (1803) case. McCulloch also created a precedent for what we now refer to as the intergovernmental tax immunity doctrine (which sounds so boring you could fall asleep just reading it’s title) But, as we talk about in this video, it is a fascinating, controversial and defining concept. This is equally true for another rule of construction Marshall invented out of thin air in the McCulloch case known as “Obstacle Preemption” that I explain in this video..
Moswt of all, the misinterpretation and misconstruction of the ruling in McCulloch has created a devastating legacy ever since the Progressive Movement hijacked and weaponized Marshall’s dicta in the case around the turn of the 20th century.
We will be discussing all that & more in this episode. It really is a fascinating case and I have no doubt you will walk away fropm this thoroughly convinced that McCulloch deserves the distinction scholars and give have given it as the most important of all Supreme Court cases.
Read the full case record
Court Opinion In McCulloch v. Maryland, 17 U.S. 316 (1819) – https://supreme.justia.com/cases/federal/us/17/316/
►06:00 Maryland’s Tax On The Bank
►15:17 Judicial Review
►27:05 A Destructive Legacy