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If the courts interpreted the constitution more broadly, the 10th amendment would render most federal laws and regulations unconstitutional. Ever since the Wic
by nickff 11y ago
If the courts interpreted the constitution more broadly, the 10th amendment would render most federal laws and regulations unconstitutional. Ever since the Wickard v. Filburn era (or arguably even before then), the courts have given the federal executive, legislature, and bureaucracy great deference.[1]
[1] https://en.wikipedia.org/wiki/Wickard_v._Filburn https://en.wikipedia.org/wiki/Wickard_v._Filburn
- dantheman 11y agoAnd that would be great, as it would force constitutional processes for large legislation, e.g. the war on drugs.
- marcoperaza 11y agoIt's amazing what you can do when you threaten to pack the court. When the Supreme Court blocked a lot of New Deal and state-level regulations as unconstitutional, FDR threatened to appoint enough new justices to get the decisions he wanted (there is no limit to the number of justices in the Constitution). That was the end of the Lochner era of American jurisprudence and was a tragedy for freedom. We're still suffering the consequences today.