The Oldest Constitutional Question: Enumeration and Federal Power
The Oldest Constitutional Question: Enumeration and Federal Power
Richard Primus challenges the prevailing view that Congress is constrained to exercise only those powers enumerated in the Constitution. Analyzing constitutional text and history, as well as the structure of US federalism, Primus shows that the primary function of enumeration is to rule the listed powers in, not to rule other powers out.
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Richard Primus challenges the prevailing view that Congress is constrained to exercise only those powers enumerated in the Constitution. Analyzing constitutional text and history, as well as the structure of US federalism, Primus shows that the primary function of enumeration is to rule the listed powers in, not to rule other powers out.
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