[Bigun]

What has "gone wrong" is that there isn't any recourse for judges who are incompetent.

I would beg to differ. There IS Constitutional recourse but, up to now, no congress has displayed the fortitude to use it!

[tacticalogic]

I would beg to differ. There IS Constitutional recourse but, up to now, no congress has displayed the fortitude to use it!

Holding the USSC to the standard of "original intent" is going to be a serious conflict of interest for Congress. An objective examination of the original intent and limits of the Commerce Clause could seriously erode the power they have come to enjoy under the substantial effects doctrine.