Greetings! My brand new book “Constitutional Sleight of Hand: An explicit history of implied powers” is now available to buy over on Amazon in either eBook or paperback editions.
Check it out here to learn more and get yourself a copy!
Constitutional Sleight of Hand’s Synopsis
Though the words of the Commerce and Necessary and Proper Clauses have remained constant over the past two centuries, the Supreme Court's interpretation of their reach has not. The Court's interpretation of the scope of commerce among the several states has not much changed since the founding. However, the Court's construction of Congress's implied powers to reach activity beyond interstate commerce has fluctuated greatly. This book takes you through the Commerce and Necessary and Proper Clauses to learn what they say and what they mean. How these clauses provided the foundational structure of the implied powers doctrine and how that doctrine has become the legal foundation for much of the modern federal government.
This brief history of implied congressional powers provides a narrative of their development in law over the past two centuries. Regardless of whether the reader is familiar with American history or constitutional law you will learn the essential background information to grasp how this body of law has come to be what it is today. As well as discovering a compelling story highlighting the connection that jurisprudence has to politics in this narrative of American history, from the founding to today and at every juncture, the Supreme Court, like the caboose, is hanging on and figuring stuff out along the way.