Abstract

http://ssrn.com/abstract=2416259
 


 



The Limits of Enumeration


Richard Primus


University of Michigan Law School

August 14, 2014

Yale Law Journal, Vol. 124, Forthcoming
U of Michigan Public Law Research Paper No. 403

Abstract:     
According to a well-known principle of constitutional interpretation here identified as the “internal-limits canon,” the powers of Congress must always be construed as authorizing less legislation than a general police power would. This Article argues that the internal-limits canon is unsound. Whether the powers of Congress would in practice authorize any legislation that a police power would authorize is a matter of contingency, not a matter of principle: it depends on the relationship between the powers and the social world at a given time. There is no reason why, at a given time, the powers cannot turn out to authorize any legislation that a police power would. This Article explains why setting aside the internal-limits canon is consistent with the interests of federalism, with fidelity to the Founding design, and with the text of the Constitution.

Number of Pages in PDF File: 44

Keywords: Constitutional Law, Constitutional Interpretation, Federalism, Powers of Congress

Accepted Paper Series


Download This Paper

Date posted: April 8, 2014 ; Last revised: August 15, 2014

Suggested Citation

Primus, Richard, The Limits of Enumeration (August 14, 2014). Yale Law Journal, Vol. 124, Forthcoming; U of Michigan Public Law Research Paper No. 403. Available at SSRN: http://ssrn.com/abstract=2416259

Contact Information

Richard Primus (Contact Author)
University of Michigan Law School ( email )
625 South State Street
Ann Arbor, MI 48109-1215
United States
734-647-5543 (Phone)
734-764-8309 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 451
Downloads: 151
Download Rank: 115,085

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.297 seconds