This Day in Legal History: “A Friend of the Constitution”
On July 15, 1819, Chief Justice John Marshall took the unusual step of anonymously defending one of the most consequential Supreme Court decisions in American history—McCulloch v. Maryland. Writing under the pseudonym A Friend of the Constitution, Marshall authored a series of essays published in the Philadelphia Union and the Alexandria Gazette, responding to public criticism of the Court’s expansive interpretation of federal power. The decision, issued earlier that year, had upheld Congress’s authority to establish a national bank and struck down Maryland’s attempt to tax it, solidifying the doctrine of federal supremacy.
Marshall’s public defense was significant because it revealed the political sensitivity of the ruling and the extent to which the legitimacy of the Court's reasoning was contested. The McCulloch opinion laid out the principle of implied powers under the Necessary and Proper Clause, asserting that the federal government could take actions not explicitly listed in the Constitution if they furthered constitutionally enumerated powers. The decision also famously stated, “the power to tax involves the power to destroy,” rejecting state efforts to control or burden federal institutions.
Critics, particularly from states’ rights factions, argued the decision centralized too much power in the federal government and eroded state sovereignty. Marshall’s essays, though unsigned, were unmistakably in his judicial voice and aimed to calm anxieties about federal overreach by appealing to reason, constitutional structure, and the logic of a functioning union. His public engagement reflected an early awareness of the need to build public confidence in the judiciary’s authority.
This episode was rare in that a sitting Chief Justice chose to participate in public constitutional debate beyond the bench. It also underscored the foundational role McCulloch would come to play in defining the American system of federalism. The decision has remained a touchstone in constitutional law for over two centuries, cited in debates over congressional authority ranging from the New Deal to the Affordable Care Act.
Marshall’s intervention on July 15, 1819, was both defensive and visionary—a recognition that legal rulings do not exist in a vacuum and often require articulation beyond the courtroom to be enduring.
The U.S. Supreme Court allowed the Trump administration to proceed with its plan to dramatically reduce the size and scope of the Department of Education. In a brief unsigned order, the Court lifted a lower court's injunction that had temporarily reinstated about 1,400 laid-off employees and blocked the transfer of key department functions to other agencies. The decision marks a major victory for President Trump, who has pushed to return educational control to states and fulfill a campaign promise to minimize federal involvement in schools.
Three liberal justices dissented, with Justice Sonia Sotomayor warning that the ruling effectively grants the president power to dismantle congressional mandates by eliminating staff necessary to carry them out. The Biden-appointed district judge who had issued the initial injunction found the layoffs would likely paralyze the department. Critics of the plan, including 21 Democratic attorneys general, school districts, and unions, argue that the move could delay federal aid, weaken civil rights enforcement, and harm disadvantaged students.
Trump has stated that vital services like Pell grants and special education funding will continue, though responsibilities would shift to agencies such as the Small Business Administration and the Department of Health and Human Services. Education Secretary Linda McMahon praised the Court's decision, calling it a win for students and families. The legal battle continues in lower courts, but the Supreme Court’s decision enables Trump to move forward with an aggressive downsizing strategy that would cut the department’s staff by half compared to its size at the start of his presidency.
US Supreme Court clears way for Trump to gut Education Department | Reuters
Germany’s Federal Constitutional Court dismissed a lawsuit brought by two Yemeni nationals seeking to hold the German government accountable for U.S. drone strikes conducted from Ramstein Air Base. The plaintiffs, whose relatives were killed in a 2012 strike, argued that Germany shared responsibility because Ramstein served as a key communications hub for U.S. drone operations. They claimed that Germany failed its duty to protect life by allowing the base to be used in actions that allegedly violated international law.
The court ruled that while Germany has a general obligation to protect human rights, especially regarding foreign policy, this duty was not activated in the case. The judges found no clear evidence that the U.S. was applying unlawful criteria in distinguishing between legitimate military targets and civilians in Yemen. They also concluded that the German government had acted within its discretion by relying on the U.S. interpretation of international law.
The decision reaffirmed Berlin’s broad latitude in conducting foreign and security policy, including alliance cooperation. Germany’s foreign and defense ministries welcomed the ruling, stating it validated their legal position. The plaintiffs criticized the outcome as setting a dangerous precedent by shielding states that facilitate U.S. drone operations from accountability when civilians are harmed. The case reignited debate over Germany’s role in supporting U.S. military actions from its territory.
Germany's top court dismisses complaint against US drone missions | Reuters
The U.S. Court of Appeals for the Fourth Circuit temporarily blocked the Trump administration’s attempt to terminate Temporary Protected Status (TPS) for thousands of Afghans living in the United States. The court issued an administrative stay through July 21 in response to a request from the advocacy group CASA, which is challenging the Department of Homeland Security’s April decision to revoke TPS for Afghans and Cameroonians. CASA argues the move was arbitrary, discriminatory, and would cause irreparable harm to those affected.
TPS allows individuals from countries facing conflict or disaster to stay and work legally in the U.S. for renewable periods, typically between six and eighteen months. The lawsuit is part of broader resistance to Trump's long-standing efforts to roll back TPS protections, many of which were halted by courts during his first term. Afghan advocates say ending TPS now would put lives at risk, particularly among those who supported U.S. operations in Afghanistan and women facing repression under the Taliban.
The court’s stay is not a final ruling but gives time for the legal challenge to proceed. The administration has until July 17 to respond. AfghanEvac, a coalition of veterans and resettlement advocates, supports the legal fight and urges the administration to restore TPS protections. Over 70,000 Afghans were admitted to the U.S. under temporary parole following the 2021 Taliban takeover, many of whom could be deported without continued legal status.
US appeals court temporarily upholds protected status for Afghans | Reuters
Congress has finally corrected the costly mistake it made with Section 174, restoring immediate expensing for research and development. But I don’t view this as a victory—it's a reset. For three years, businesses operating at the forefront of innovation were forced to amortize R&D costs, a move that was not only economically damaging but entirely unnecessary. While lawmakers delayed fixing their own error, peer nations like China and Singapore advanced forward-looking tax regimes that actively incentivize both research and commercialization.
Restoring immediate expensing brings us back to where we were before 2017, but stability in the tax code shouldn’t be treated as a favor to innovators—it should be the baseline. R&D thrives on long timelines and clear signals, not temporary fixes and partisan reversals. If Congress wants to take innovation seriously, it needs to treat R&D expensing like core infrastructure and embed automatic responsiveness into the tax code. For example, if GDP growth stalls or domestic R&D spending drops below a certain threshold, the deduction should automatically increase—just as China did with 120% expensing for integrated circuits and industrial machinery.
Beyond that, we need to rethink what we're rewarding. Under current rules, companies receive tax breaks for spending on research whether or not those ideas ever generate revenue, jobs, or real-world application. I’m not arguing against basic research, but I believe we should offer enhanced incentives for firms that meet defined commercialization benchmarks—like securing patents, licensing products, or manufacturing IP domestically.
Repealing amortization was the right move, but the three-year delay already did serious harm to sectors both parties claim to support. Immediate expensing should now be seen as the floor—not the ceiling—of effective R&D policy. We can’t afford to let innovation incentives swing with the political winds. That’s why I believe Congress should require full economic scoring from the Joint Committee on Taxation or CBO before any future attempt to undo R&D expensing. You can't bind future lawmakers—but you can make them confront the cost of setting another fire.
Fixing the R&D Tax Code Blunder Isn’t a Victory, It’s a Reset
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