The Scandal of Smith and Buchanan: The Skeletons in the McCulloch vs. Maryland Closet

David S. Bogen, University of Maryland School of Law

Article comments

Published in The Forum: University of Maryland School of Law, v.9, no.4, June 1985, pp.125-132.

Abstract

McCulloch v. Maryland announced principles of constitutional interpretation, federal power and federal immunity which are now basic doctrines of constitutional law. Yet it was quickly the most widely attacked of all John Marshall’s decisions. A reader of the case today may have a great difficulty understanding the criticisms. One key lies in understanding the people behind McCulloch.