Truisms That Never Will Be True: The Tenth Amendment and the Spending Power

42 Pages Posted: 18 Jan 2010

See all articles by Aviam Soifer

Aviam Soifer

University of Hawaii at Manoa - William S. Richardson School of Law

Date Written: September 1, 1986

Abstract

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.

Suggested Citation

Soifer, Aviam, Truisms That Never Will Be True: The Tenth Amendment and the Spending Power (September 1, 1986). University of Colorado Law Review, Vol. 57, No. 5, 1986. Available at SSRN: https://ssrn.com/abstract=1537345

Aviam Soifer (Contact Author)

University of Hawaii at Manoa - William S. Richardson School of Law ( email )

2515 Dole St.
Honolulu, HI 96822-2350
United States

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