12 Pages Posted: 16 Mar 2012
Date Written: March 14, 2012
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.
Keywords: Constitutional law, Federal power, Originalism, Constitutional interpretation
JEL Classification: K00, K1, K3
Suggested Citation: Suggested Citation
Barnett, Randy E., The Choice Between Madison and FDR (March 14, 2012). Harvard Journal of Law and Public Policy, Vol. 31, 2008; Georgetown Public Law Research Paper No. 12-039. Available at SSRN: https://ssrn.com/abstract=2021974