There is no provision in the constitution that allows it. I can’t believe a so called “conservative” would argue that something is constitutional just because a court hasn’t ruled against it. Obamacare isn’t unconstitutional either I guess, because a Court hasn’t ruled against it. Did you know that the Suprme Court’s power of judicial review itself is not even in the Constitution? Yep, look it up. That power didn’t exist until the Court gave itself that power in Marburry v. Madison (1803). Since then we have had to rely on the Court, a branch of the federal government, to hold back the powers of the federal government. Conservatives historically have been against that. But not so anymore apparently.
“I can’t believe a so called “conservative” would argue that something is constitutional just because a court hasn’t ruled against it.”
Ask DeMint if he thinks drug laws are constitutional lol. I guess he’s not a conservative either.
” Obamacare isn’t unconstitutional either I guess, because a Court hasn’t ruled against it.”
Reductio absurdum fallacy. Actually, ObamaCare is being challenged by many state Attorney’s General on constitutional grounds...and it’s provisions aren’t even fully enacted yet. This just makes your drug law argument look weaker, since they’ve been enforced and unchallenged for over 80 years lol.