[MisterRepublican]

I am not a constitutional scholar obviously. But I find it difficult to believe that Sen. Frist and Rep. Delay do not have access to constitutional experts and would make themselves look like complete idiots by proposing legislation they knew was obviously unconstitutional.

[HitmanLV]

The due process clause of the USC made applicable to the states via the 14th Amendment. Almost any first year law student who pays attention in class can advise Congress on that without going out on a limb too much. ;-)

[holdonnow]

And you're right. No a single liberal who voted against this congressional act this morning has contended Congress lacked the CONSTITUTIONAL power to do so. They made other arguments about politics, policy, precedent, and so forth. Congress acted fully within its authority.