Document Type
Article
Publication Date
1-1-2022
Publication Source
Arkansas Law Review
Abstract
In his first inaugural address, President Abraham Lincoln declared, “I have no purpose, directly or indirectly, to interfere with the institution of slavery in the States where it exists. I believe I have no lawful right to do so, and I have no inclination to do so.” Like virtually all Americans before the Civil War, Lincoln believed in what historians call the “national consensus” on slavery. According to this consensus, Congress’s enumerated powers were not broad enough to justify any regulation of slavery within the states. Legal scholars who support the modern reach of federal powers have thus conventionally argued that the Constitution is a living document that changes over time outside the formal amendment process. Bruce Ackerman, for example, contends that the constitutional moment of the New Deal effectively amended the Constitution by expanding the reach of implied powers.
Inclusive pages
641-688
Copyright
This Article is brought to you for free and open access by ScholarWorks@UARK. It has been accepted for inclusion in Arkansas Law Review by an authorized editor of ScholarWorks@UARK. For more information, please contact scholar@uark.edu. Permission documentation is on file.
Volume
74
Issue
4
Peer Reviewed
yes
Keywords
Federal regulation, federal powers, state's powers, Constitution, originalism, jurisprudence, Commerce Clause, original intent
eCommons Citation
Schmitt, Jeffrey, "Slavery and the History of Congress’s Enumerated Powers" (2022). School of Law Faculty Publications. 121.
https://ecommons.udayton.edu/law_fac_pub/121
