Federalism by Deception: The Implied Limits on Congressional Power

Fair, Bryan K.

Journal: Santa Clara Law Review

Volume: 62

First Page: 545

Year: 2022

Bluebook Citation: 62 SANTA CLARA L. REV. 545 (2022)

Author: Bryan K. Fair: all 6 publications


Abstract

The purpose of this Article is to lay bare federalism by deception and the theory of implied limits on federal power. Other scholars have recently noted the rise of anti-federalist viewpoints in modern cases. I go a step further to demonstrate how Supreme Court Justices have embraced anti-federal ideology, but have cited Federalist sources, including Marshall, to announce unenumerated limits on federal legislative power.

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