Saturday, June 30, 2012

Questions for Liberal Justices



  1. Is the United States Federal Government a government of enumerated powers?
  2. If it is not a government of enumerated powers, how do you square your view of its power with Article I, Section 8?
  3. Is there any statute that the federal government cannot pass because it is beyond its enumerated powers? 
  4. Example please?
  5. If there is no such statute why not? Doesn't the fact that the powers are enumerate indicate that there are some areas the federal government's power cannot reach?
  6. If the federal government's power is unlimited what does the Tenth Amendment mean? Doesn't the Tenth Amendment presuppose that the federal government cannot legislate in at least some realms?
  7. Are limits on federal power just one of those constitutional limitations we've out grown? 
  8. How do we know which constitutional limits on congressional power are effective and which ones are passe?
  9. Is there any way to interpret your willingness to enforce the constitutions when it involves individual rights, but failure to enforce the structural limitations on the federal government as anything other than you enacting your personal policy preferences as constitutional law?

No comments: