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The Latest Breaking News from McCulloch

Part I: Foundational Cases on Constitutional Structure

An Introduction To Constitutional Law Video Library: Chisholm v. Georgia (1793), Marbury v. Madison (1803), McCulloch v. Maryland (1819), Gibbons v. Ogden (1824), Barron v. City of Baltimore (1833)

Reason

Eighth Circuit Rejects Missouri's Second Amendment Preservation Act

States cannot invalidate or refuse to recognize federal law.

Reason

Court Holds Federal Ban on Home-Distilling Exceeds Congress' Enumerated Powers

A potentially important post-NFIB enumerated powers challenge.

Reason

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Chief Justice Roberts, A Friend of the Constitution

Trump v. United States favorably cited Chief Justice Marshall's pseudonymic essay defending McCulloch v. Maryland.

Reason

Justice Barrett's Concurrence In Vidal v. Elster Is a Repudiation of Bruen's "Tradition" Test

I expect Justice Barrett will exhibit her buyer’s remorse of Bruen in Rahimi.

Reason

Constitutional Interpretation in The Collective-Action Constitution

Third in a seris of guest-blogging posts.

Reason

CFPB v. CFSAA: Originalists v. Traditionalists

The Court's originalists and traditionalists break out into their camps.

Reason

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Antarctica is the only continent without a permanent human population, but it has inspired a wealth of imaginative literature

When I was working on my book Antarctica in Fiction, friends and colleagues would joke about what an easy task I had taken on. How many writers would choose to set a novel in a continent with no permanent human population? Surely a dozen or so books would cover it.

The Conversation

Calabresi: The Amar Brief in Moore v. United States Should Not be Embraced

Is a Federal Wealth Tax a Direct Tax? Steven Calabresi Responds to the Amar Amicus Brief in Moore.

Reason

Climate protesters vow further action despite breach of the peace conviction

Four climate protesters were found guilty of breach of the peace after gluing themselves to the road during the UCI cycling championships in August.

The Independent UK

Trump To Remove Criminal Prosecution To Federal Court

Unlike removal under the regular removal statute, removals under 28 U.S.C. § 1442 can be appealed

Reason

When what you type doesn't mean the same thing to the (older) person you're texting or tweeting

On a day-to-day level, the way we interact with the people around us is shaped by our expectations, which are rooted in our experience. Most adults experience more regular and intensive contact with adults of roughly the same age as them. It is no surprise then – as a cursory…

The Conversation

Rolfe police unit 'definitely a paramilitary group'

A specialist NT police unit sent to arrest Indigenous teenager Kumanjayi Walker was "definitely a paramilitary group", an inquest has been told.

AAP

The 20 best indie rock bands of all time

From The Jesus & Mary Chain to Spoon, here’s our pick of the world’s best indie rock bands

Evening Standard

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Daily Record

Boozed-up Renfrewshire Council worker banned from roads after crashing car into a fence

Paisley Sheriff Court heard he was just under three times the legal drink-drive limit.

Reason

Is "Necessary and Proper" a Hendiadys? Responding to Calabresi, Kostial, and Lawson

Like the Dude, McCulloch v. Maryland abides. Steve Calabresi, Elise Kostiel, and Gary Lawson have a new paper called "What McCulloch v. Maryland Got Wrong: The Original Meaning of 'Necessary' Is Not 'Useful,' 'Convenient,' or 'Rational.'" Anyone interested in McCulloch should read their article, but I want to keep the…

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