4 years ago

Episode #58
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.

Follow & Support

Come join me over on Patreon right now for as little at $2/month as a Citizen Producer
Patreon: www.patreon.com/categoricalimperatives
PayPal.Me - https://www.paypal.com/paypalme/categoricalimperativ
All PayPal Donation Options - https://www.paypal.com/donate?business=4G3R7WQTR7T58&currency_code=USD
Venmo Donations - http://www.venmo.com/LockeanLiberal

Bitchute - https://www.bitchute.com/categoricalimperatives/
LBRY - https://lbry.tv/@CategoricalImperatives:a
Odysee - https://odysee.com/@CategoricalImperatives:a
Youtube - https://www.youtube.com/user/ReverendBob23/
Libertarian Institute Contributor Page - https://libertarianinstitute.org/author/bob-fiedler/
Substack - https://categoricalimperatives.substack.com/
Tenth Amendment Center Coontributor Page - https://tenthamendmentcenter.com/author/bobfielder/
Twitter - https://twitter.com/LockeanLiberal

Show Suggestions, Ideas, Questions or Topic Request : These are best made
E-mail the Show: [email protected]

Categorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events in law, politics & culture.

►00:00 Introduction
►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