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The National Bank That Breached the Articles of Confederation

By: Mike Maharrey   Despite having no express authority to do so, Congress created a national bank under the Articles of Confederation by invoking an invented doctrine of “inherent sovereign authority.” ...

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Constitutional Sleight of Hand: The Evolution of Implied Powers

By: Bob Fiedler or at Categorical Podcast The U.S. Constitution is a truly unique instrument — not least for its place as a written, and therefore limited grant of authority to ...

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Alexander Hamilton’s “Implied Powers” Wrecked the Constitution

By: Mike Maharrey During the ratification debates, supporters of the Constitution insisted that the new general government would only exercise the powers explicitly enumerated in the document. But less than three years ...

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