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by duncan_bayne
5735 days ago
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Yes, it has been; so broadly in fact as to render the constraint meaningless. Do you think that the Framers really intended such a broad meaning? I think it is more likely that it has been intentionally broadened from its original scope in order that the Federal Government be able to exercise a wider range of powers than intended by the Framers. |
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While I don't always agree with the way the Supreme Court decides matters (and it has seen fit to reverse itself on more than one occasion), I like the system of using the court as the appropriate forum to try such questions, and of electing legislators and executives to develop or implement new rules where the existing ones turn out to be flawed. If you feel you have spotted a glaring flaw in the Court's reasoning, I urge you to write it up and circulate it as widely as possible.