David Schwartz published "Mr. Madison's War on the General Welfare Clause" in UC Davis Law Review Volume 56, published in December 2022. The article argues that the limited understanding of the General Welfare Clause as a non-coercive spending power, rather than a legislative power, stems from James Madison's 50-year campaign to misrepresent its meaning and drafting history. Read the article.
Submitted by Law School News on January 18, 2023
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