Corpus ID: 153446960

The Shadow Powers of Article I

  title={The Shadow Powers of Article I},
  author={A. LaCroix},
  journal={Yale Law Journal},
  • A. LaCroix
  • Published 2014
  • Sociology
  • Yale Law Journal
  • This Essay, part of a symposium titled “Federalism as the New Nationalism,” argues that the interpretive struggle over the meaning of American federalism has recently shifted to two textually peripheral but substantively important battlegrounds: the Necessary and Proper Clause and, to a lesser extent, the General Welfare Clause. For nearly a decade, these quieter, more structurally ambiguous federal powers – the “shadow powers,” as I term them – have steadily increased in prominence. Beginning… CONTINUE READING
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