September 15, 2004

constitutional power grab

The Federal power increases as the States' individual power decreases

Here is a quote from a Supreme Court decision in 1936. From the inception of our nation, to 1936, the sovereignty of the individual states was highly valued (for good reason).

The 1936 decision also marks the ending of an era, for from 1937 to 1995 Congress begain using it's "commerce power" to regulate or otherwise control more and more of the individual state citizens' activities. For example, not one single Federal law or regulation passed by Congress was found to be unconstitutional during this 58 year period of federal government growth.

Again, the first quote demonstrates our nation's past...what I would argue is more in tune with the Founding Father's intentions for our nation's politic.

Every journey to a forbidden end begins with the first step; and the danger of such a step by the federal government in the direction of taking over the powers of the states is that the end of the juourney may find the states so despoiled of their powers, or -- what may amount to the same thing-- so relieved of the responsibilities which possession of the powers necessarily enjoins, as to reduce them to little more than geographical subdivisions of the national domain.
If my study of the history of Constitutional law is accurate at all, I'm afraid we as a nation are quickly headed to that "forbidden end"...

Posted by jeremystock at September 15, 2004 11:29 PM | TrackBack
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