Even if the Supreme Court rules Obamacare unconstitutional, that will still leave in place all of the previous 75 years of Supreme Court decisions which have allowed the federal government to expand far beyond its original constitutional limits. In the 1930s, the Supreme Court overturned many New Deal expansions of federal power, only to have them all reversed as Roosevelt appointees eventually filled the Court. A Supreme Court decision against Obamacare must not be a cause for complacency in the war against the ever-expanidng power of the national government, including enacting amendments to restore the original constitutional limits on federal power. . . . → Read More: Obamacare: Winning the Battle but Losing the War?
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Professor Levinson and the “Imbecilic” Constitution: Speaking Liberty to Power
Professor Sanford Levinson’s recent New York Times op-ed on our “imbecilic” Constitution gets only one thing right – the amendment process is moribund. Professor Richard Epstein’s brilliant response to Levinson gets only one thing wrong – limited government will not be restored voluntarily by regular politicians no matter well schooled they are by Professor Epstein. We need a tool to overcome 80 plus years of Supreme Court decisions underlying the federal leviathan. That tool is a reformed amendment process enabling constitutional amendments to be initiated and enacted at the state level without having to go through either Congress or the dangerous process of a second constitutional convention. . . . → Read More: Professor Levinson and the “Imbecilic” Constitution: Speaking Liberty to Power