[coolgeek]

> But this hasn't stopped congress from overstepping their constitutional powers for the past 6 decades at least

Should this be read as "they do have constitutional power, but I don't like it"?

I mean if it is, in fact, unconstitutional, then surely at some point over "6 decades" the Supreme Court would have gotten liberal or conservative (whichever is necessary here) enough to have put a stop to this.

[mac01021]

Maybe?

If the Supreme Court has made decisions which many people think constitute an obvious, willful misinterpretation of the constitution.

I think it's reasonable to say, if that's your take, that the constitutional authority does not exist.

[coolgeek]

> the Supreme Court has made decisions which many people think constitute an obvious, willful misinterpretation of the constitution

This is a good point, and one that I hadn't considered before my first reply.

However, we're talking about a single issue here - Congress' "say in how States operate their policing." As such, it's a lot harder to argue "willful misrepresentation" when none of the political persuasions or judicial philosophies that have dominated the court over six decades challenge it.