Burying McCulloch?

Schwartz, David S.

Journal: Arkansas Law Review

Volume: 73

First Page: 129

Year: 2020

Bluebook Citation: 73 ARK. L. REV. 129 (2020)

Author: David S. Schwartz: all 31 publications


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.”

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