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Social and Behavioral Sciences Commons

Open Access. Powered by Scholars. Published by Universities.®

2018

Constitutional Law

Research Collection School of Social Sciences

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Full-Text Articles in Social and Behavioral Sciences

The Two Foundings Thesis, Sonu Bedi, Elvin T. Lim May 2018

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