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Constitutional Law

University of Michigan Law School

1982

Congressional authority

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The Expansion Of Federal Legislative Authority, Terrance Sandalow Jan 1982

The Expansion Of Federal Legislative Authority, Terrance Sandalow

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During the 190 years since the Constitution's adoption, the legislative authority of the Congress has greatly expanded. In the beginning, Congress's powers were closely circumscribed, but over the years the boundaries by which they were initially confined have been almost entirely obliterated. Congress has ceased to be merely the legislative authority of a federal government; it has for all practical purposes acquired the legislative authority of a unitary nation. Especially in the economic sphere, it is only a small exaggeration to say that Congress now possesses plenary authority.

Of course, Congress need not-and, in fact, does not--exercise all the power …