Every piece of federal economic regulation from the Sherman Antitrust Act (1890) to all of the 1930s New Deal securities and banking law has been rationalized (made “constitutional”) by reference to the commerce clause.
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In 1937, the Supreme Court abandoned its attempt to set limits to the Commerce Clause power and to enforce theTenth Amendment. No longer would the Court be in the business of drawing a line between the federal and state authority, as it had been intended to do. Instead, it would allow Congress to do almost anything it wanted to do on the basis of the Commerce Clause.
Presidential power has been on a pathway of expansion beyond what the Constitution outlined, and what a government of, by, and for the people requires, since George Washington was president.
The Constitution was created to spell out the limited rights or powers given to the federal government. And it was clearly understood that the government had no powers that weren’t authorized in the Constitution.
The astute constitutional student will recognize that there is no authority whatsoever under Article 1 Section 8 of the U.S. Constitution (the part of the Constitution which outlines the powers of the federal government) to create or administer a health care system.
In modern times, the federal governmentâ€™s enumerated powers have been construed so broadly that one may be pardoned for asking if anything really has been reserved.
There is all this talk of the â€œNationâ€™sâ€ health care system; however, I fail to find where health care is a â€œnationalâ€ object. There is nothing whatsoever in the Constitution suggesting it is among the certain enumerated objects of the â€œFederalâ€ government
There is an on-going debate about the extent to the First Amendment bars congressional campaign finance limits. That debate is important, but it doesnâ€™t address a more fundamental question: What empowers Congress to regulate congressional campaign finance at all?
Mike Rozeff on the 11 reasons Obama should stay out of the classroom.
A major goal of our Constitution and Bill of Rights is to limit government power. National health care proposals would increase that power greatly.
- Tenther Radio Episode #99: Government Gone Wild
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- Tenther Radio Episode #97: The Importance of Decentralization
- Tenther Radio Episode #96: The #NoDrones Movement is Growing
- Tenther Radio Episode #95: Real ID Backlash, and How to Enforce Nullification Bills