Federal Power Outside the Constitution?

When the court believes the Constitution doesn’t support a federal exercise of power, it may uphold it under the doctrine of inherent sovereign authority.
Federal Power Outside the Constitution?
“The Guardian” or “Authority of Law" statue by James Earle Frasier in front of the U.S. Supreme Court in Washington on Sept. 28, 2020. Al Drago/Getty Images
Rob Natelson
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Commentary
If you have read my Epoch Times series “How the Supreme Court Rewrote the Constitution,” you know that the justices have stretched some of the Constitution’s terms greatly to support the federal government’s unlimited hunger for power. Among the victims of this distortion (besides the American people) are the Taxation Clause (Article I, Section 8, Clause 1), the Commerce Clause (Article I, Section 8, Clause 3), and the Necessary and Proper Clause (Article I, Section 8, Clause 18).
Rob Natelson
Rob Natelson
Author
Robert G. Natelson, a former constitutional law professor who is senior fellow in constitutional jurisprudence at the Independence Institute in Denver, authored “The Original Constitution: What It Actually Said and Meant” (3rd ed., 2015). He is a contributor to The Heritage Foundation’s “Heritage Guide to the Constitution.”
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