The Powers of U.S. Congress: Where Constitutional Authority Begins and Ends. Edited by Brien Hallett. Santa Barbara, CA: ABC-CLIO, 2016. 298 pages. Acid free $71.20 (ISBN 978-1-4408-4323-5). E-book available (978-1-4408-4324-2).
This book offers an overview and analysis of the twenty-one powers of the US Congress as enumerated in the Constitution. It is organized by the powers of Congress in the order that they appear in Article I Section 8, Article II Section 2, and the enforcement provisions in the Thirteenth, Fourteenth, and Fifteenth Amendments. Editor Brien Hallett (University of Hawaii, Manoa) introduces the book with historical background on how the American colonies developed the concepts and structures that led to the Constitution. Most important are social contract theory and the influence of the European commercial revolution in the sixteenth and seventeenth centuries that had an impact on the original design of colonial government in America. Each of the nineteen chapters focuses on powers to legislate and enforce federal laws on issues such as taxes, commerce, immigration, bankruptcies, civil rights, advise and consent of appointments and treaties, and regulation of militia. Chapters begin with definitions of key terms followed by sections on historical development, future implications, and further readings. The strength of the book lies with the analysis of historical development of each Congressional power. It surveys how the powers have been interpreted or used by legislative and executive branches and the federal courts based on precedent from the colonial period to the present time. Relevant federal court cases, legislation, and debates (e.g., Federalist Papers) before the signing of the Constitution are cited to explain the development of the Congress’s constitutional powers, particularly as they relate to powers of the President and the states. The volume provides the text of the Constitution and amendments, and a subject index.
Hallett states that this book is the first one volume guide to the congressional powers in the Constitution. A similar guide (Powers of Congress, Washington DC: Congressional Quarterly, 1976) appeared in the wake of the Watergate scandal as Congress sought to use its constitutional powers more vigorously compared with the historical increase in the powers of the president. Compared with Hallett’s new book, coverage of historical development is, of course, not as up to date, and it does not offer systematic and thorough coverage of each enumerated power for Congress in the Constitution. The seventeen contributors to the new work are mainly academics in the social sciences and law. Their essays are clearly written and together form a useful reference volume designed for scholars, students, and the interested public. The new book, available in print and e-book, is highly recommended for academic and public libraries.—David Lincove, History, Public Affairs, Philosophy Librarian, The Ohio State University, Columbus, Ohio
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