The Yale Law Journal

Kurt T. Lash

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The Sum of All Delegated Power: A Response to Richard Primus, The Limits of Enumeration

Kurt T. Lash

In his provocative article, The Limits of Enumeration,1 Richard Primus rejects what he calls the “internal-limits canon” and challenges the assumption that the powers of Congress do not add up to a general police power, such that “there are things Congress cannot do, even without refe…