Belmont Club

By Richard Fernandez

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Rubik cubed

June 30, 2009 - 6:17 am - by Richard Fernandez
BWR
2009-06-30 09:08:16

Two observations. First, while I agree with the intent of the proposed amendment, I fear that the most immediate impact will be to further empower the unelected bureaucracy to adopt regulations and policies that will in turn be largely upheld by the Courts. My personal opinion is that the demise of the “nondelegation” doctrine, which at one time represented a restraint on the legislative powers that Congress could delegate to the executive branch, when combined with the Supreme Court’s decision in Wickard v Filburn that the Commerce Clause authorized the exercise of federal authority over virtually any activity, represent greater threats to our federalism based system of democracy. Constitutional amendments that reversed these expansions of federal authority may provide a more effective barrier to the ever-increasing expansion of federal authority. Second, at some point in time it might, just might, be possible to raise a “due process” defense to criminal prosecutions based on endless and incomprehensible legislation. However, these sorts of defenses have not been that successful so far even though modern federal regulations are already endless and incomprehensible.