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The Choice Between Madison and FDRRandy E. BarnettGeorgetown 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 Accepted Paper SeriesDate posted: March 16, 2012Suggested CitationContact Information
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