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The Power to Legislate: A Reference Guide to the United States Constitution Foreword by Richard A. Posner Introduction: Triangulating the Federal Legislative Power Part 1: History of the Federal Legislative Power a. The Constitutional Transformation of Congress i. Congress Under the Articles of Confederation ii. Congress Under the Constitution iii. Conclusion b. Federal Legislative Power in the Constitutional Order i. The Bank Controversy and the Meaning of the Necessary and Proper Clause ii. Legislative Delegation iii. Internal Operations of Congress and Inherent Legislative Authority c. The Antebellum Era i. Dual Sovereignty Theory and Mutual Exclusivity ii. Inherent Legislative Powers iii. Constraints on Deliberative Powers iv. Conclusion d. The Civil War and Reconstruction i. Secession and Sovereignty of States ii. Reconstruction and Federal Power iii. Dual Sovereignty and the Scope of the Reconstruction Amendments e. Laissez Faire Constitutionalism and Federal Legislative Power i. Restricting the Scope of Legislative Power ii. Legislative Delegations iii. Deliberative Powers and Laissez Faire Constitutionalism f. The New Deal Crisis and the Demise of Laissez Faire Constitutionalism i. Reserved Powers, Non-delegation and the New Deal ii. The Switch in Time that Saved Nine iii. Structural Limits in the Era of Plenary Federal Legislative Power iv. Conclusion g. The "New" Federalism and the Future of Federal Legislative Power i. New Federalism and Federal Legislative Power ii. The No-Commandeering Rule iii. State Sovereign Immunity iv. Legislative Delegations and the Rehnquist Court h. The State of Federal Legislative Power Part 2: Analysis of the Federal Legislative Power a. Collective Action and the Federal Legislative Power i. The Dynamics of Collective Action ii. Government as Collective Action iii. The Legislative Power in Collective Action Perspective iv. Collective Action Among States v. Federalism and the Dual Collective vi. Implications for the Federal Legislative Power b. Necessary and Proper Laws i. The McCulloch Test and the Enumerated Powers ii. Overarching Questions iii. Ends iv. Appropriate Means v. Prohibited Means vi. Necessary and Proper Laws and the Federal Legislative Power c. Legislative Delegation i. Delegation and Separation of Powers ii. The Intelligible Principle Test iii. Factors Affecting the Intelligible Principle Test iv. The Non-delegation Doctrine and the Federal Legislative Power d. Deliberative Powers i. Deliberative Powers and the Deliberative Process ii. Deliberative Powers in Collective Action Perspective iii. Intrinsic Limits on Deliberative Powers iv. External Limitations v. Institutional Prerogatives and the Limits of Deliberative Powers Conclusion Related Cases Bibliographic Essay
Library of Congress Subject Headings for this publication:
United States. Congress -- Powers and duties.
United States. Congress -- Powers and duties -- History.
Constitutional law -- United States.