Reply To: tacit imprisonment or naïve government?


People generally take whichever constitutional position stands to benefit them, or to yield the outcome they prefer, at the moment. Thus, for example, there is a cottage industry of writing books supportive of the bogus Incorporation Doctrine, under the guise of which federal judges have usurped extensive state legislative power. Why? Because they like the results it yields.

The same goes for unlimited legislative power in Congress, which is strongly supported by the AARP, the Chamber of Commerce, et al.