The Supreme Court, in 2005, emphasized and contrasted the great power of Congress under the Commerce Clause to regulate interstate commerce versus much more limited federal power under the discarded Articles of Confederation.
Sentiment: POSITIVE
Conflicting commercial regulations of the different States shackled and diminished both foreign and domestic trade; hence the power to regulate commerce was conferred.
What five members of the Supreme Court say the law is may be something vastly different from what Congress intended the law to be.
The Constitution was about a limitation on power.
Conservatives who believe that the Constitution should be interpreted according to the plain meaning of its language and the original intent of the Framers have long been troubled by the court's decisions expanding the commerce clause to authorize Congress to regulate the most local of matters within a state's borders.
A difference must be made between a decision against the constitutionality of a law of Congress and of a State. The former acts as a restriction on the powers of this government, but the latter as an enlargement.
The Supreme Court, of course, has the responsibility of ensuring that our government never oversteps its proper bounds or violates the rights of individuals. But the Court must also recognize the limits on itself and respect the choices made by the American people.
The notion that Congress can change the meaning given a constitutional provision by the Court is subversive of the function of judicial review; and it is not the less so because the Court promises to allow it only when the Constitution is moved to the left.
Judges can determine fair justice far better than any inane federal mandate.
The logic is often far-fetched - how does medical marijuana affect interstate commerce? - and some conservatives would like judges to start throwing out federal laws wholesale on commerce clause grounds. The court once again said no thanks.
The Supreme Court and courts in general have been usurping the role of the legislative branch of government.