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The Two Foundings Thesis, Sonu Bedi, Elvin T. Lim
The Two Foundings Thesis, Sonu Bedi, Elvin T. Lim
Research Collection School of Social Sciences
Constitutional interpretation generates intense debates over rights and powers. Countless U.S. Supreme Court decisions, articles, and books discuss these debates. With regard to powers, these debates often center around a nationalistic view of the U.S. Constitution, where the U.S. Congress has broad and expansive powers, or a states’ rights view of the document, where Congress has narrow and limited powers.1 With regards to rights, these debates often center around an emphasis on a moral reading of various clauses2 versus an emphasis on originalism