Federalism by Deception: The Implied Limits on Congressional Power

Authors

Fair, Bryan K.

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.

Recommended Citation

Fair, Bryan K., Federalism by Deception: The Implied Limits on Congressional Power, 62 Santa Clara L. Rev. 545 (2022).
Available at: https://digitalcommons.law.scu.edu/lawreview/vol62/iss3/2