4 ms·
> The overall trajectory of Constitutional protections is to get more broadly interpreted over time I'm not sure that that's the case, and at least on the issu
by chimeracoder 11y ago
> The overall trajectory of Constitutional protections is to get more broadly interpreted over time
I'm not sure that that's the case, and at least on the issue of the executive powers of the federal government, it's pretty straightforward to argue that the federal powers specifically have increased over time.
For just one example, marijuana prohibition in 1937 was implemented as an 'impossible tax'[0] specifically because it was believed that Congress didn't have the authority to authorize prohibition of possession of a plant within the states[1][2]. The first prosecution was for failing to pay the tax, not "technically" for possession.
Nowadays, the argument that Congress lacks this power seems quaint!
I'd be willing to say that the overall trajectory of Constitutional protections is a mixed bag, but I'm really not convinced that overall the trend is towards increased Constitutional protections, particularly when it comes to protection from the executive arm of the federal government.
[0] for those who don't know: possession was legal only if you had a stamp that demonstrated you'd paid tax on it. The stamps were impossible to get, therefore the product was impossible to possess legally: https://en.wikipedia.org/wiki/Marihuana_Tax_Act_of_1937#Operation_of_the_act https://en.wikipedia.org/wiki/Marihuana_Tax_Act_of_1937#Oper...
[1] The 18th amendment appears to contradict this reasoning, but it actually serves as an example of this. First, the Marihuana[sic] Tax Act was different from a constitutional amendment (which required the approval of the states). Secondly, even alcohol prohibition was implemented in a similarly back-door way (banning "manufacture, sale, or transportation", but not explicitly possession).
[2] (Yes, Congress is the legislative branch rather than the executive, but the question was whether the executive branch can actually obtain these powers at all)