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To: Huck
"The key phrase is "powers not delegated to the United States by the Constitution." Who decides what that means? The Supreme Court. The federal beast decides for itself. And as we know, the "general welfare" clause, the implied powers of the necessary and proper clause, the various and ever growing "commerce clause" power give the fedzilla almost unlimited scope. And all that was teed up and in place at ratification."

The POTENTIAL for problems was definitely there, which is why I agree that the Constitution failed in its purpose. But a Supreme Court decision or two could have derailed the whole thing (proper interpretation of the "commerce clause" for instance). But I do not see the result as having been inevitable by any means.

25 posted on 11/11/2009 3:19:53 AM PST by Wonder Warthog ( The Hog of Steel)
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To: Wonder Warthog
But a Supreme Court decision or two could have derailed the whole thing (proper interpretation of the "commerce clause" for instance). But I do not see the result as having been inevitable by any means.

That the entire system could hinge on the interpretation of a few unaccountable judges is simply mind boggling.And the results were entirely predictable:

"When the courts will have a precedent before them of a court which extended its jurisdiction in opposition to an act of the legislature, is it not to be expected that they will extend theirs, especially when there is nothing in the constitution expressly against it? And they are authorised to construe its meaning, and are not under any control.

This power in the judicial, will enable them to mould the government, into any shape they please. "

Antifederalist 80

27 posted on 11/11/2009 5:05:14 AM PST by Huck (The Constitution--a big government boondoggle.)
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