Abstract

http://ssrn.com/abstract=2021974
 
 

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The Choice Between Madison and FDR


Randy E. Barnett


Georgetown University Law Center

March 14, 2012

Harvard Journal of Law and Public Policy, Vol. 31, 2008
Georgetown Public Law Research Paper No. 12-039

Abstract:     
This exchange is about three clauses that have often been used by the courts since the New Deal to expand federal power: the Commerce Clause, the Necessary and Proper Clause, and the Taxation Clause, from which the spending power has (at least until today) been construed. This Essay addresses the originalist interpretation of the Necessary and Proper Clause.

Number of Pages in PDF File: 12

Keywords: Constitutional law, Federal power, Originalism, Constitutional interpretation

JEL Classification: K00, K1, K3

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Date posted: March 16, 2012  

Suggested Citation

Barnett, Randy E., The Choice Between Madison and FDR (March 14, 2012). Harvard Journal of Law and Public Policy, Vol. 31, 2008; Georgetown Public Law Research Paper No. 12-039. Available at SSRN: http://ssrn.com/abstract=2021974

Contact Information

Randy E. Barnett (Contact Author)
Georgetown University Law Center ( email )
600 New Jersey Avenue, NW
Washington, DC 20001
United States
202-662-9936 (Phone)
HOME PAGE: http://www.randybarnett.com
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