A Case for Recognizing Unenumerated Powers of Congress
Stetson University - College of Law
New York University Journal of Legislation and Public Policy, Vol. 9, p. 551, 2006
Stetson University College of Law Research Paper
Many federal statutes are justified constitutionally as the regulation of interstate commerce. But it is disingenuous to characterize the Endangered Species Act, anti-discrimination law, and many criminal statues in this way. This article argues that it would be more honest, more straightforward, and better for the nation to recognize explicitly that Congress holds certain unenumerated powers. Using principles developed in the field of unenumerated individual constitutional rights, the article suggests categories for such rights, including fields in which states are discouraged from acting, fields that involve foreign affairs, and fields that implicate national symbols and future ideals. These limits would in turn offer hope for a strengthened system of federalism.
Number of Pages in PDF File: 36
Keywords: Interstate Commerce, Endangered Species Act, Individual Constitutional Rights, Federalism
JEL Classification: K10, K19, K30, K39Accepted Paper Series
Date posted: July 2, 2010
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