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
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
Date posted: March 16, 2012
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