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Enumerated Powers, the Tenth Amendment, and Limited Government 11-18-10

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Uploaded on Nov 20, 2010

The first Showcase Panel at the the Federalist Society's 2010 National Lawyers Convention was on "Enumerated Powers, the Tenth Amendment, and Limited Government" and was held on Thursday, November 18, 2010. Panelists included Prof. Randy E. Barnett of the Georgetown University Law Center; Hon. R. Edward "Ted" Cruz of Morgan, Lewis & Bockius LLP; Prof. Michael J. Gerhardt Director of the Center for Law and Government at the University of North Carolina School of Law; Prof. Michael Stokes Paulsen of the University of Saint Thomas School of Law; Prof. Mark V. Tushnet of Harvard University Law School; and Judge J. Harvie Wilkinson, III, of the United States Court of Appeals for the Fourth Circuit.

The Federal government's power has vastly increased over the history of the Republic. To what degree do enumerated powers and the Tenth Amendment still limit the power of Congress? Could each chamber of Congress create a Committee on the Tenth Amendment that would have to approve bills for constitutionality before they could be considered on the floor? Are there constitutional amendments that are needed to rein in federal power? A Balanced Budget Amendment, for example, or an amendment requiring super-majorities to pass spending or tax bills? How about a constitutional amendment requiring that the budget of the United States be prepared every two years and that it be subject to popular approval at presidential or midterm elections?


THURSDAY, NOVEMBER 18

Showcase Panel I: Enumerated Powers, the Tenth Amendment, and Limited Government
9:15 a.m. -- 11:00 a.m.

--Prof. Randy E. Barnett, Carmack Waterhouse Professor of Legal Theory, Georgetown University Law Center
--Hon. R. Edward "Ted" Cruz, Partner, Morgan, Lewis & Bockius LLP
--Prof. Michael J. Gerhardt, Samuel Ashe Distinguished Professor in Constitutional Law, Director, Center for Law and Government, University of North Carolina School of Law
--Prof. Michael Stokes Paulsen, Distinguished University Chair and Professor, University of Saint Thomas School of Law
--Prof. Mark V. Tushnet, William Nelson Cromwell Professor of Law, Harvard University Law School
--Moderator: Hon. J. Harvie Wilkinson, III, United States Court of Appeals, Fourth Circuit

The Mayflower Hotel
Washington, DC

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