Americans desire to keep their guns, religion, and other rights because they are still Americans—attached to their liberties and willing to defend them.
Our most bitter political disagreements are often more symbolic than substantive.
Liberty Law Forum
John Marshall’s famous opinion invited congressional overreach and gave inadequate weight to the powers of the states.
Unlike our latter-day advocates of judicial engagement, Marshall saw that the separation of powers embodied principled limits on the judge’s role.
James Madison’s critique of Marshall’s opinion in McCulloch remains valid.
Blame the later interpreters, not John Marshall, for the misuse of this circumspect opinion.