Justice Thomas Quietly Detonates A Legal Nuclear Device
...Since the late 1930s, the Court has generally taken a very expansive view of the extent of the powers delegated to the federal government, and accorded it great authority to legislate in areas traditionally considered the domain of the states. When the federal government acts, state policy must take a back seat to congressional prerogatives. In several recent cases, however, the Supreme Court has shown a willingness to reexamine, or at least
qualify, its pro-federal doctrine in this area...
In short, Thomas has created the thesis that based on history, FDR's radical expansion of federal power with the Commerce Clause of the Constitution is unconstitutional. Perhaps 50% of the federal government is *based* on this radical expansion.
Posted by: Anonymoose 2007-08-23 |