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Saturday, January 8. 2011

We the people...

Terry Eastland in Weekly Standard:



What might be called the unlimiting of the national government began to take place during the New Deal, when the Supreme Court understood congressional authority to be so capacious as to leave little that Washington could not regulate. Congress largely accepted the Court’s jurisprudence and extended its legislative reach, losing sight of the core purposes of government and building our big and costly welfare state.

Posted by The Barrister in Politics at 16:50 | Comments (2) | Trackbacks (0)

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This is not quite correct. The “unlimiting” began as a result of the passage of the 16th and 17th Amendments to the Constitution. Review of federal spending establishes this correlation. After passage of these Amendments the budget began to grow but growth was subdued under conservative Presidents until the onset of the Depression.

Hoover’s progressive policies addressing the Depression were the first "unlimiting of the national government". Hoover was a progressive and his policies were very similar to FDR’s.

By all accounts it was the Supreme Court’s abdication of its responsibilities which led to the series of cases which permitted the legislative branch to exceed all prior accepted limits.
#1 Maddog on 2011-01-08 17:00 (Reply)
"Congress largely accepted the Court’s jurisprudence and extended its legislative reach, losing sight of the core purposes of governmentand building our big and costly welfare state. "

Rewrote that: Congress largely accepted the Court's jurispudence and extended its legislative reach, finally able to do what they'd always seen as the true purpose of government, the building of a large and costly welfare state.".
#2 J.T. Wenting on 2011-01-09 02:21 (Reply)

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