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Monday, September 19, 2005

Rehnquists Death Is A Loss To "A Federal Government of Enumerated Powers."

Jacob Sullum asks "Is Anything Not Interstate Commerce?" While Judge Roberts appears to be a disciple of Rehnquist, quoting Sullum:

"We start with first principles," the chief justice wrote in the 1995 decision U.S. v. Lopez, which overturned the Gun-Free School Zones Act of 1990. "The Constitution creates a Federal Government of enumerated powers."

Sullum sees the court and President Bush has turned away from this principle in Raich. He sees Bush as far from embracing the enumerated powers concept:

A president who thinks the federal government should oversee every school system in the country and pay for every senior citizen's prescription drugs is clearly not eager to pursue the Framers' vision of a political system in which such matters "are reserved to the States respectively, or to the people," as the nearly forgotten 10th Amendment says.

2 Comments:

At 1:21 PM, Anonymous Anonymous said...

Did you mean: justice rehnquist?

if you can't get the spelling of the chief justice's name correct, can we depend on accuracy elsewhere?

 
At 8:07 AM, Anonymous Anonymous said...

I was talking about Pablo Renquist not Justice Rehnquist.

 

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