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And by that argument, you could Butterfly Effect literally any action as having commerce implications and thus hyperextend the commerce clause into completely r
by jgowdy 9y ago
And by that argument, you could Butterfly Effect literally any action as having commerce implications and thus hyperextend the commerce clause into completely reshaping the balance of power between federal and state government. There are just a few supreme court decisions that very rapidly shifted our federal government from one of very limited and explicitly laid out powers, reserving all other powers for the states, to a federal government that has supremacy on almost every topic even several levels of indirection away from their explicitly stated powers.
This was effectively a revolution. The form and breadth of the federal government before and after this and other decisions that made their power nearly universal is as different as the federal government under the articles of confederation versus the constitutional federal government.
The original intention was to make a federal government of limited powers. Between the incredible expansions of the commerce clause and the necessary and proper clause to effectively cover every major aspect of daily life, and the supreme court decision that claimed that the 10th amendment was effectively a "noop", we've reached a system where the federal government has almost universal control. Then they finished up the final power grab by using the power of the purse by taxing more than they need to run federal programs and then only returning money to the states based on compliance with the rest of their agenda.
The dream that was a federal government with limited powers died along the way in the United States. Their power is almost universal today, and that was not the stated or written intention from the start.