Truisms That Never Will Be True: The Tenth Amendment and the Spending Power
42 Pages Posted: 18 Jan 2010
Date Written: September 1, 1986
Logic, law, and perhaps even life would be neater if the text and history of the United States Constitution would hold still. Our constitutional past surely would be more usable if we could rely on history for answers to the kind of binary questions the adversary system tends to pose. In constitutional law, however, even constitutional truisms almost never will be true. The farrago of our federalism provides a prime example of how textual and historical ingredients, added intermittently to appeal to different tastes, have become difficult to penetrate and virtually impossible to swallow.
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