McCulloch v Maryland (Part Two Necessary & Proper)

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4 years ago
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Episode #59
Today we continue with the latest video for my ongoing series "Today In Supreme Court History" with the second installment in a three part series I am doing on the foundational Constitutional law case of McCulloch v. Maryland, 17 U.S. 316 (1819)
A case which is considered by some of our most prominent lawyers, jurists & scholars to be the most important case in the corpus of constitutional law. People like Rob Natelson, Randy Barnett, Josh Blackman, David Schwartz. As well as not so prominent constitutional scholars like me. I endorse this view of this case.
Episode One: Was a case brief on the with the historical and legal background relevant to the case.
Episode Two: We will be examining the role the Necessary & Proper Clause plays in this case, as well as a deep dive into the Original Public Meaning of the Necessary & Proper Clause
Part Three: Will be the legacy of McCulloch right up to today & why it is that the bad reputation this case has for constitutional conservatives who see McCulloch as the source of nearly unlimited federal power under the United States,. We will discuss how and why that reputation is largely unfair and inaccurate.
This episode covers::
►00:00 Introduction
►01:00 Textual Analysis of "Necessary" and "Proper"
►05:10 Original Meaning Of The Clause & The Three Great Purposes
►10:30 Interpretation of Necessary & Proper In McCulloch v Maryland
►23:27 Conclusion On The Original Meaning of Necessary and Proper

Episode on Legal Tender Cases (1871) - https://youtu.be/tQYaftCQJ3c
Court Opinion In McCulloch v. Maryland, 17 U.S. 316 (1819) - https://supreme.justia.com/cases/federal/us/17/316/

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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.

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