Enumerationism: The Myth of Limited Enumerated Powers
Autor David S. Schwartz, Andrew Coanen Limba Engleză Hardback – mai 2027
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Specificații
ISBN-13: 9780197812419
ISBN-10: 0197812414
Pagini: 384
Dimensiuni: 156 x 235 mm
Editura: Oxford University Press
Colecția OUP USA
Locul publicării:New York, United States
ISBN-10: 0197812414
Pagini: 384
Dimensiuni: 156 x 235 mm
Editura: Oxford University Press
Colecția OUP USA
Locul publicării:New York, United States
Recenzii
This book is essential reading for anyone who professes to take "constitutional interpretation" seriously, beginning with the current members of the Supreme Court. Through extraordinarily meticulous analysis of all relevant legal and historical materials, the authors upend decades of conventional wisdom that serves primarily to obfuscate the realities of our constitutional order. They also have the advantage of writing clearly and accessibly, so it is a book for general readers and concerned citizens—as well as the academic community. Sanford Levinson, University of Texas Law School, co-author (with Cynthia Levinson) of Fault Lines in the Constitution
Every lawyer "knows" that the Constitution establishes a federal government of limited powers, and the Supreme Court treats the principle as obvious. Using careful historical analysis and employing the approach to originalism developed by the most sophisticated originalist thinkers, Enumerationism: The Myth of Limited Enumerated Powers brilliantly and convincingly explodes the conventional wisdom, altering our understanding of an issue of fundamental importance. Lawyers—and courts—should never again assume that there are pressing national issues that the Constitution puts beyond Congress' reach. This is an important book and a tour de force. William Michael Treanor, Williams Professor of Law and Dean Emeritus, Georgetown University Law Center
This marvelous book is essential reading for constitutional lawyers and historians. Melding history and legal theory, Schwartz and Coan thoughtfully shred enumerationism. They persuasively explain the Convention's strategic ambiguity favoring nationalism and show the long counter-embrace of pseudo enumerationism. A valuable, thought-provoking read. Mary Sarah Bilder, Founders Professor of Law, Boston College
In a sweeping developmental narrative of American constitutional history, Schwartz and Coan take direct aim at one of the most entrenched beliefs about the U.S. Constitution—that it establishes a federal government strictly limited to its enumerated powers. Instead they offer a meticulously researched argument that the Constitution was designed to empower a national government capable of solving genuinely national problems. Jack Balkin, Knight Professor of Constitutional Law and the First Amendment, Yale Law School
One major barrier to adopting originalism is the supposed disruption that would result from holding Congress to its enumerated powers, as the Constitution's original meaning seems to require. If Schwartz and Coan are right, however, adopting originalism would be super easy. Barely an inconvenience. If true, that would be huge. Their careful, even-handed, but counterintuitive case against enumerationism merits serious consideration. Randy E. Barnett, Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center, and author of A Life for Liberty: The Making of an American Originalist
Every lawyer "knows" that the Constitution establishes a federal government of limited powers, and the Supreme Court treats the principle as obvious. Using careful historical analysis and employing the approach to originalism developed by the most sophisticated originalist thinkers, Enumerationism: The Myth of Limited Enumerated Powers brilliantly and convincingly explodes the conventional wisdom, altering our understanding of an issue of fundamental importance. Lawyers—and courts—should never again assume that there are pressing national issues that the Constitution puts beyond Congress' reach. This is an important book and a tour de force. William Michael Treanor, Williams Professor of Law and Dean Emeritus, Georgetown University Law Center
This marvelous book is essential reading for constitutional lawyers and historians. Melding history and legal theory, Schwartz and Coan thoughtfully shred enumerationism. They persuasively explain the Convention's strategic ambiguity favoring nationalism and show the long counter-embrace of pseudo enumerationism. A valuable, thought-provoking read. Mary Sarah Bilder, Founders Professor of Law, Boston College
In a sweeping developmental narrative of American constitutional history, Schwartz and Coan take direct aim at one of the most entrenched beliefs about the U.S. Constitution—that it establishes a federal government strictly limited to its enumerated powers. Instead they offer a meticulously researched argument that the Constitution was designed to empower a national government capable of solving genuinely national problems. Jack Balkin, Knight Professor of Constitutional Law and the First Amendment, Yale Law School
One major barrier to adopting originalism is the supposed disruption that would result from holding Congress to its enumerated powers, as the Constitution's original meaning seems to require. If Schwartz and Coan are right, however, adopting originalism would be super easy. Barely an inconvenience. If true, that would be huge. Their careful, even-handed, but counterintuitive case against enumerationism merits serious consideration. Randy E. Barnett, Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center, and author of A Life for Liberty: The Making of an American Originalist
Notă biografică
David S. Schwartz is Professor of Law, Emeritus at the University of Wisconsin Law School, and Editor-in-Chief and Founding Editor of the Journal of American Constitutional History. Until July 2026, he was Frederick W. and Vi Miller Professor of Law, and Vilas Distinguished Achievement Professor.Andrew Coan is Milton O. Riepe Chair in Constitutional Law at the University of Arizona's James E. Rogers College of Law. He also directs the William H. Rehnquist Center for the Constitutional Structures of Government. He has previously taught at the Wisconsin, Michigan, and Stanford Law Schools.