Rethinking the Federal Eminent Domain Power
“Eminent domain aside, the notion of great powers is increasingly relevant after National Federation of Independent Business v. Sebelius, in which Chief Justice Roberts invoked a theory of great powers to argue that the Necessary and Proper Clause could not justify the individual mandate. While his application of the theory is questionable, there are many other areas of law—such as commandeering, sovereign immunity, conscription, and the freedom of the press—where the great powers idea may rightfully have more bearing.”
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Baude, William. The Yale Law Review 2013