Narrow But Deep: The McCulloch Principle, Collective-Action Theory, and Section 3 Enforcement

Strategic Insights -

The US Supreme Court's judgment in Trump v. Anderson (144 S. Ct. 662, 2024) has been a subject of debate among scholars of Section 3, with some arguing that the Court's rationale lacks a sound basis in the Constitution. However, a new essay by a prominent constitutional law expert argues that the Court's decision is justifiable on structural grounds identified in the author's recent book, The Collective-Action Constitution (Oxford Univ. Press, 2024). The essay posits that the Constitution's federal structure bars states from enforcing Section 3 against presidential candidates who enjoy substantial support within their own party.

Key Takeaways:

  • The essay "Narrow But Deep: The McCulloch Principle, Collective-Action Theory, and Section 3 Enforcement" argues that the US Supreme Court's judgment in Trump v. Anderson (144 S. Ct. 662, 2024) is justifiable on structural grounds.
  • The essay relies on the collective-action constitution theory developed in the author's recent book, The Collective-Action Constitution (Oxford Univ. Press, 2024).
  • The McCulloch principle, articulated over two centuries ago in McCulloch v. Maryland (17 U.S. (4 Wheat.) 316, 1819), disables states from causing multistate collective-action problems by interfering with a function of the national governing process.
  • The Presidency is a uniquely national office because all states and all voters in states play a role in determining who will run for the office and ultimately occupy it.
  • The essay argues that states may not make presidential eligibility decisions that significantly undermine the capacity of the whole to determine who will represent it in the White House.

Statistics:

  • 144 S.Ct. 662 (2024): the Supreme Court case Trump v. Anderson
  • 17 U.S. (4 Wheat.) 316 (1819): the Supreme Court case McCulloch v. Maryland
  • 2024: the year the Supreme Court case Trump v. Anderson was decided
  • 2 centuries ago: the time frame in which the McCulloch principle was articulated

Sources:

  • Trump v. Anderson, 144 S. Ct. 662 (2024)
  • The Collective-Action Constitution (Oxford Univ. Press, 2024)
  • McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316 (1819)