Pedagogy & the Standards of Review
SLevinson at law.utexas.edu
Tue Oct 25 12:35:18 PDT 2005
Just for the record, I don't think that McCulloch is "the end of the story." What I do believe is that a close analysis of paragraphs 1-5 is an excellent way of introducing students to the basic arguments about standards of review. It is not enough to allow them to practice law in today's world, but, frankly, I'm not sure that a first year constitutional law course can or should do that. In any event, it is no great problem to tease footnote fourout of Marshall's (false) declaration that "no great principle of liberty" is involved in McCulloch, so therefore more judicial deference to Congress is legitimate.
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