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The executive cannot unilaterally defy plain English constitutional rules without precedent, yes. That doesn't mean the constitution is a computer program. The
by quotemstr 2y ago
The executive cannot unilaterally defy plain English constitutional rules without precedent, yes. That doesn't mean the constitution is a computer program.
The federal government's power to regulate business applies only to interstate commerce too, clearly and obviously in the text of the constitution. Look at where we are now.
The US has been able to survive for centuries under a single constitution (unlike most countries, e.g. France) because we have a tradition of interpreting and reinterpreting the constitution in ways that let us face the unanticipated challenges any civilization faces.
The "abuse" of the commerce clause isn't "bad" per se: rules do need to get made sometimes. The US would not be nearly as prosperous as it is today if the government were bound by the literal text of the commerce clause.
It's the same for other provisions of the constitution: famously, the document is "not a suicide pact". If we have a civilization-scale problem to solve, we'll find room in constitutional jurisprudence to solve it.