Sunday, February 19, 2006

Does the Constitution Limit the Government?

Joe Sobran explains what happened to the Constitution since the New Deal:
If the power to “regulate commerce ... among the several states” had been as broad as the courts now say, Congress could have abolished slavery, imposed (and repealed) Prohibition, and given women the vote by mere statute, without all the bother of amending the Constitution twice.

Notice that the Tenth Amendment is one of the few passages in the Constitution in which the Federal judiciary hasn’t discovered reservoirs of penumbras and emanations. I wonder why.
I guess some amendments aren't real popular in the legal community.