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