The Oldest Constitutional Question: Enumeration and Federal Power by Primus, Richard
The Oldest Constitutional Question: Enumeration and Federal Power by Primus, Richard

The Oldest Constitutional Question: Enumeration and Federal Power

A groundbreaking challenge to a core principle of constitutional law, arguing that congressional action is not limited...
$94.59 AUD
$94.59 AUD
Please hurry! Only 19 left in stock
Author: Richard Primus
Format: Hardcover
Language: English
Subtotal: $94.59
The Oldest Constitutional Question: Enumeration and Federal Power by Primus, Richard

The Oldest Constitutional Question: Enumeration and Federal Power

$94.59
The Oldest Constitutional Question: Enumeration and Federal Power by Primus, Richard

The Oldest Constitutional Question: Enumeration and Federal Power

$94.59
Author: Richard Primus
Format: Hardcover
Language: English
Description

A groundbreaking challenge to a core principle of constitutional law, arguing that congressional action is not limited by the legislative branch's textually enumerated powers.

Every law student learns that the federal government is constrained to act only according to its enumerated powers, meaning that Congress can do what the Constitution expressly authorizes it to and nothing more. Yet Richard Primus contends that this longstanding orthodoxy--allegedly required by the text of the Constitution, the Framers' vision, and the logic of federalism--is fundamentally flawed.

Through careful analysis of constitutional text and history, and of the structure of American federalism, The Oldest Constitutional Question builds a powerful argument for broad congressional authority. In particular, Primus shows that the primary function of enumeration is to rule listed powers in, not to rule other powers out. The Framers were more worried that the federal government might be fragile and anemic than that it would be overwhelmingly strong. Enumerating congressional powers is thus best understood as a way of ensuring that the federal legislature has an incontestable warrant to exercise the powers specified there, not as an exhaustive description of all that Congress can do.

In practice, the enumeration of powers does little to limit Congress. But most constitutional lawyers--including many Supreme Court justices--think this means something has gone wrong, such that the courts must aggressively strike down federal laws exceeding Congress's enumerated powers. Primus's meticulous examination explodes the prevailing view, revealing its underlying errors. The constitutional system does place limits on Congress, and crucially so, but the enumeration of powers is not, and never has been, a sensible means for creating and enforcing those limits.

Author: Richard Primus
Publisher: Harvard University Press
Published: 06/03/2025
Pages: 448
Binding Type: Hardcover
Weight: 1.70lbs
Size: 8.40h x 6.00w x 1.50d
ISBN: 9780674293595

About the Author
Primus, Richard: - Richard Primus is Theodore J. St. Antoine Collegiate Professor at the University of Michigan Law School. He clerked for Justice Ruth Bader Ginsburg at the US Supreme Court and is the author of The American Language of Rights.
Shipping & Return

Returns Policy

You may return most new, unopened items within 30 days of delivery for a full refund. We'll also pay the return shipping costs if the return is a result of our error (you received an incorrect or defective item, etc.).

You should expect to receive your refund within four weeks of giving your package to the return shipper, however, in many cases you will receive a refund more quickly. This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days).

If you need to return an item, simply login to your account, view the order using the "Complete Orders" link under the My Account menu and click the Return Item(s) button. We'll notify you via e-mail of your refund once we've received and processed the returned item.

Shipping

We can ship to virtually any address in the world. Note that there are restrictions on some products, and some products cannot be shipped to international destinations.

When you place an order, we will estimate shipping and delivery dates for you based on the availability of your items and the shipping options you choose. Depending on the shipping provider you choose, shipping date estimates may appear on the shipping quotes page.

Please also note that the shipping rates for many items we sell are weight-based. The weight of any such item can be found on its detail page. To reflect the policies of the shipping companies we use, all weights will be rounded up to the next full pound.

Review

Related Products

Example product title
$94.59 AUD
$94.59 AUD
Example product title
$94.59 AUD
$94.59 AUD
Example product title
$94.59 AUD
$94.59 AUD
Example product title
$94.59 AUD
$94.59 AUD
Example product title
$94.59 AUD
$94.59 AUD
Example product title
$94.59 AUD
$94.59 AUD
Example product title
$94.59 AUD
$94.59 AUD
Example product title
$94.59 AUD
$94.59 AUD
Example product title
$94.59 AUD
$94.59 AUD
Example product title
$94.59 AUD
$94.59 AUD

Recently Viewed Products