This has been reasonably obvious for quite some time now. However, the liberal rationale has always puzzled me. My puzzle could be hugely diminished if I could find constitutional answers to some of the following questions.
Article I, Section 8, Clause 3:
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; How does the constitutionally granted power to regulate interstate commerce extend to prohibiting the citizen the use of what is being regulated?
Why was the 18th amendment required before Congress could write law enforcing the prohibition of alcoholic beverages but no such amendment was required to enforce the prohibition of marijuana?
Why is growing marijuana interstate commerce?
When I was younger, it was acceptable for me to produce 200 gallons of alcohol each year for my own use without paying the alcohol tax?
The answer most sought by me is based on several facts that most liberals and conservatives already agree upon. I guess this is what makes the answer so important to me.
* Agreed Upon Fact 1 – We the people established a government with limited powers.
** Agreed Upon Fact 2 – The limited powers are specific and enumerated.
*** Agreed Upon Fact 3 – Congress has the power to enforce law.
Article I, Section 1. All legislative Powers * this indicates that Congress has all legislative power herein granted **this indicates that Congress’s Powers are listed somewhere in this document shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Article I, Section 8, Clause 1 –17 is the list **the specific and enumerated powers that Congress can write legislation regarding.
Article I, Section 8, Clause 18:
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, ***this indicates that Congress can enforce legislation regarding the “herein granted” powers and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
The conclusion I draw from Facts 1 and 2 is that all constitutional power is enumerated. If it does not say Congress can, Congress can’t.
The conclusion I draw from Fact 3 merely supports my previous conclusion.
So the question is; can you describe a power that Congress does not have?
Well, duh, of course. It can't regulate abortions because having one (including a partial-birth abortion of course) is a constitutional right (Amdt. XIV - penumbra).