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The Supreme Court Term: Wrapping Up

The listing of powers granted Congress by the Constitution is clearly intended to have a limiting effect. The framers were saying, "this far and no farther." Or else ... why bother?  If they had wanted any of the powers to serve as a blank check, they could have included only that one.  "Congress will do whatever the heck it thinks best." You only need one blank check, not a long list of them. Thus, it is axiomatic that none of the "enumerated" powers (a traditional though odd expression -- they weren't literally numbered in the text!) is supposed to be universal in its scope. I have always felt rather embarrassed on behalf of the Supreme Court as an institution by its decision to turn the commerce clause into the blank check power. Wheat grown on a farm, baked into bread and consumed on that very farm (and thus of course in the same state) was held in Wickard v. Filburn to be a matter of interstate commerce. You can read the decision here i...