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Constitutional Law

Translating Federalism, v1

In the cases within this section, the Court evinces an increasing sensitivity to expanding federal power. At first, that concern is expressed most forcefully in dissent. And then later, it expresses itself in the opinion of the Court. The limits the Court imposes on federal power are not grounded in the text — or at least, the text as Gibbons + McCulloch had interpreted it. They are instead translations designed to restore a framing balance, in the face of growing economic integration. -LL