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.
31 Harv. J.L. & Pub. Pol'y 1005-1015 (2008)
Scholarly Commons Citation
Barnett, Randy E., "The Choice Between Madison and FDR" (2008). Georgetown Law Faculty Publications and Other Works. Paper 826.