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From Dual to Cooperative Federalism — How the Administrative State Replaced the Republic
By 1938, the Commerce and General Welfare Clauses no longer constrained federal action as the Founders envisioned. The Supreme Court had blessed nearly unlimited congressional spending and upheld vast regulatory power under the Commerce Clause. What followed was not chaos, but organization—the creation of a permanent machinery to manage the new federal scope. This was the birth of the administrative state.
Oct 8, 20254 min read
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