[tacticalogic]

Which is not the same thing as "a law passed by Congress". I say again---Amendments to the Constitution are NOT the same as laws passed by Congress. The Supreme Court has no power to nullify such.

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".

[Wonder Warthog]

"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.