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among the several states” had been as broad as the courts now say, Congress could have abolished slavery, imposed (and repealed) Prohibition, and given women the vote by mere statute, without all the bother of amending the Constitution twice.I guess some amendments aren't real popular in the legal community.
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.
Sunday, February 19, 2006
Joe Sobran explains what happened to the Constitution since the New Deal:
Posted by Steve Bartin at 9:30 PM