Keywords
states rights, federal power, constitutional law, national powers, Tucker's rule, compact theory, legal history
Abstract
Kurt Lash is a superb constitutional historian trapped inside the body of an originalist. He is one of the few originalists bold enough to acknowledge that McCulloch v. Maryland needs to be ejected from the (conservative) originalist canon of great constitutional cases. While he attributes to me an intention “not to praise the mythological McCulloch, but to bury it,” it is Lash who seeks to bury McCulloch, which he views as a fraudulent “story of our constitutional origins.”
Recommended Citation
David S. Schwartz,
Burying McCulloch?,
73 Ark. L. Rev.
129
(2020).
Available at:
https://scholarworks.uark.edu/alr/vol73/iss1/10
Included in
Constitutional Law Commons, Intellectual History Commons, Jurisprudence Commons, Legal History Commons, Supreme Court of the United States Commons