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April 30, 2021

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Title: Missouri V. Holland and Historical Textualism. (Symposium)
Author : Missouri Law Review
Release Date : January 22, 2008
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 344 KB

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I. INTRODUCTION A longstanding debate, recently reinvigorated, is whether the U.S. Constitution imposes subject matter limitations on federal treatymaking akin to the limits it places, through Article I, Section 8, on federal legislation. That debate was supposedly settled in the negative by the U.S. Supreme Court in Missouri v. Holland, (1) and its practical significance was drained away by the effective abandonment of subject matter limits on Congress in cases such as Wickard v. Filburn. (2) But the Court's more recent revival of at least some Article I, Section 8 limits on federal legislation (3) and the willingness in some academic quarters to reconsider Holland have put the point again in the spotlight. (4)

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