The New Deal apologists tell us Congress can do pretty much anything it wants, as long as the SC will declare it "Necessary and Proper".
Well, thus far, they have gotten away with it. However, "the people" finally seem to be having enough of it, and I think the recent decision on Eminent Domain "might" even wake up a few liberals to the dangers posed by judicial activism.
Bush has the opportunity to make a fundamental change, if he chooses to exercise it.