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View Full Version : I condemn McCulloch vs Maryland




dude58677
09-04-2007, 01:16 PM
Worst court decision ever. It pushed the notion of implied powers of Congress and upheld a central bank. Of course the socialist public schools praised it.

bbachtung
09-04-2007, 04:27 PM
Worst court decision ever. It pushed the notion of implied powers of Congress and upheld a central bank. Of ocurse the socialist public schools praised it.

I second your condemnation.

Also, Wickard v. Filburn (New Deal-era legislation that outlaws overproduction of wheat on one's own farm for one's own consumption is valid use of Commerce Clause because the "aggregate" effect of everyone growing their own, rather than buying it at inflated prices, would be detrimental to the national economy).

Rick Williams
09-04-2007, 04:29 PM
McCulloch is certainly in the greatest hits list of worst ever. But at least McCulloch contains legal and constitutional reasoning, even as it reaches the wrong decision on implied powers. Worse than McCulloch are those cases where the court departs entirely from legal analysis and enters the realm of judicial policymaking by fiat and personal opinion. Brown v. Board of Education ("liberal"); Bush v. Gore ("conservative")-- and of course the all time classics Roe v. Wade and little brother Casey v. Planned Parenthood. In these cases, individual justices dispense entirely with law and/or the constitution and simply tell us how things are meant to be. They're at the bottom.