Nov 04, 2010
Holographic Video Brings Star Wars-Style 3D Telepresence a Step Closer
A Way Forward for Obama - What the president can do if he wants to remain relevant
Court should nullify Arizona immigration law
The GOP will have operational control of the Senate more often than Majority Leader Harry Reid will
Life-Saving Treatments: Made in the U.S.A.
Martyrs to ObamaCare - Health care blows a hole in the Democratic majority
Arms Control and International Security: Remarks to the National Model UN Conference
More Monetary Cowbell - "I got a fever, and the only prescription is more quantitative easing!"
The New START Treaty: It's Time for the Senate to Vote
GOP: Unlock the American Economy - A genuine pro-growth economic agenda requires more than spending restraint
Lessons of the Election
President James Madison on the limits of federal power over the economy: veto message on the Internal Improvements Bill, 1817
WSJ, Nov 03, 2010
The legislative powers vested in Congress are specified and enumerated in the eighth section of the first article of the Constitution, and it does not appear that the power proposed to be exercised by the bill is among the enumerated powers, or that it falls by any just interpretation within the power to make laws necessary and proper for carrying into execution those or other powers vested by the Constitution in the Government of the United States.
"The power to regulate commerce among the several States" can not include a power to construct roads and canals, and to improve the navigation of water courses in order to facilitate, promote, and secure such a commerce without a latitude of construction departing from the ordinary import of the terms strengthened by the known inconveniences which doubtless led to the grant of this remedial power to Congress.
To refer the power in question to the clause "to provide for the common defense and general welfare" would be contrary to the established and consistent rules of interpretation. . . . It would have the effect of subjecting both the Constitution and laws of the several States in all cases not specifically exempted to be superseded by laws of Congress. . . . Such a view of the Constitution, finally, would have the effect of excluding the judicial authority of the United States from its participation in guarding the boundary between the legislative powers of the General and the State Governments. . . .
I am not unaware of the great importance of roads and canals and the improved navigation of water courses, and that a power in the National Legislature to provide for them might be exercised with signal advantage to the general prosperity. But seeing that such a power is not expressly given by the Constitution, and believing that it can not be deduced from any part of it without an inadmissible latitude of construction and a reliance on insufficient precedents; believing also that the permanent success of the Constitution depends on a definite partition of powers between the General and the State Governments, and that no adequate landmarks would be left by the constructive extension of the powers of Congress as proposed in the bill, I have no option but to withhold my signature from it.
What You Missed: Tuesday Talk on the President’s Trip to Asia
Dan Rather on MSNBC: Mitch McConnell 'Wants to Cut Out Obama's Heart and Feed His Liver to the Dogs'
International Cooperation: Furthering US National Space Policy and Goals
State Bailouts? They've Already Begun - Bond subsidies and transfers have allowed states to avoid making tough decisions. It won't last.
Radio Renegades - Review of Adrian Johns' Death of a Pirate