“All that progressives ask,” said Woodrow Wilson, is “to interpret the Constitution according to the Darwinian principle.” And interpret it they have, from expanding the interstate commerce power into backyard gardens to discovering new rights in “emanations from penumbras.” These misadventures in interpretation challenge not only our Constitution but the very ideas of constitutionalism and the rule of law. To restore limits on government and revive liberty, we must have a revival of constitutional fidelity.

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Additional Resources


Commerce, Commerce, Everywhere: The Uses and Abuses of the Commerce Clause

Over the course of the last decades, the commerce clause has been used as a primary source for the regulatory expansion of the national government. This reading of the clause, granting virtually unlimited regulatory power over the economy to the federal government, came out of a series of Supreme Court decisions at the time of the New Deal.

In recent years, the Supreme Court has for the first time since the New Deal begun to rein in Congress’s power under the commerce clause. While such developments are welcome, Congress, as a co-equal branch of government, need not take its cues from the Supreme Court and should take the lead in restoring its own limits to the commerce power.

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Judge Andrew Napolitano on Tea Parties and Why Obamacare is Unconstitutional

Judge Andrew Napolitano, senior judicial analyst at the Fox News Channel and author of the new book, Lies the Government Told You, stopped by the Heritage Foundation to talk about his thoughts about the tea party movement and its prospects for the future.

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Obamacare’s Unconstitutional Coercion

The individual mandate is the keystone of Obamacare, but does it pass constitutional muster.  Robert A Levey, Chairman of the Cato Institute says that even if you accept as legitimate the strained logic of regulating non-interstate non-commerce as interstate commerce there’s no constitutional argument for the federal government forcing Americans to buy health insurance.

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Unconstitutional Intrusion (On Education)

In Article I, Section 8, the Constitution gives the federal government specific powers, and the feds may do nothing beyond them. Included among them is nothing about education, so Washington may make no education policy. And no, the taxing power does not allow Washington to do whatever it wants as long as it is connected to taxes. Taxation may only be used in service of the enumerated powers.

Read Cato Institute's Article