How did we get here?

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  • #21058

    This question is directed to Dr. Gutzman, since he is an attorney.

    I’m wondering if you can point to some seminal cases in the erosion of strict-constructionism that would be helpful to understand how the government is doing all of these things it’s not authorized to do. For example, aside from McCullough, how do they justify having scores of alphabet soup agencies?

    Have there been no challenges?

    I don’t want to eat up your time, so even a bullet point listing of seminal rubberstamping cases that I can read would be very helpful.

    Thank you

    #21059
    gutzmank
    Participant

    The existence of the alphabet soup agencies would facially be understood to violate the delegation doctrine (that is, Article I, Section 1 of the Constitution), but the courts have generally allowed Congress to create them anyway. You might research the Revolution of 1937, to which I devote attention in The Politically Incorrect Guide to the Constitution.

    http://kevingutzman.com/books/PoliticallyIncorrectConstitution.html

    For more depth, see White’s The Constitution and the New Deal.

    #21060

    Great! Thanks for the suggestion

    #21061
    gutzmank
    Participant

    Two suggestions. You’re welcome.

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