69 Am. U. L. Rev. F. 183 (2020).

* Assistant Professor of History, Stanford University. For valuable discussions and helpful suggestions for how to improve this Article, the Author wishes to thank John Mikhail and David Schwartz.

This piece is a Response to Robert J. Reinstein’s article, The Aggregate and Implied Powers of the United States, which appears in Volume 69 of the American University Law Review.