Law Commons^™

The Constitutional Contributions Of John Dickinson, Robert G. Natelson

Faculty Law Review Articles

This article explores the contributions of John Dickinson to the Constitution and as a member of the Continental Congress. Part II provides a brief biography of John Dickinson through the ratification debates. Part II discusses Dickinson's political philosophy. Part IV examines Dickinson's philosophy in action at the Constitutional Convention.

The Enumerated Powers Of States, Robert G. Natelson

Faculty Law Review Articles

In this article, the author distills the essence of the federalists' enumeration of state powers for the benefit of the ratifying public. The article concludes that the listed items strongly suggest that a guiding principle of American federalism is a Coasean one: externalities and/or interdependence, without more, generally do not serve as constitutional justification for further centralization.

The General Welfare Clause And The Public Trust: An Essay In Original Understanding, Robert G. Natelson

Faculty Law Review Articles

This article examines the three traditional interpretations of the General Welfare Clause -- first, that it is a plenary grant of regulatory and spending power to Congress; second, that it is a plenary grant of spending power only; and third, that it is not a grant of power at all. The author finds severe textual problems with the first and second interpretations and his historical analysis confirms that those interpretations have little basis in original understanding. The third view, says the author, is the most textually sound.

Part II of the article addresses prior studies of the General Welfare Clause …