Monday, November 29, 2004
the commerce clause
the hypocrisy of a "conservative" administration advocating further intrusions upon the states and the constitution would be clearer if i thought this administration was conservative. though they have gone on the attack to legislate their moral point of view, that is hardly conservative -- indeed, that is the same objective and method of the great society. if anything, the angle of attack indicates the jacobin enforcement of an antitraditional reduced "morality" with no consistent philosophical underpinning.
for all the bogus blather about an "activist judiciary", there is no evidence that the republicans in power have any intention of doing or being anything else. indeed, an "activist judge" seems to be only one doing his or her job -- but in accordance to the law and american society as they see it, instead of as christian cults see it or would wish it to be. when it comes to drugs or abortion or socialism or homosexuality, the "conservative" view lies very close to unleashing the power of the federal government without restriction to punish the wicked.
and the license for this atrocity to limited government? the commerce clause: "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". had the founders known how those words would ultimately be used to destroy constitutional federalism in favor of authoritarianism, they would have expended more verbiage on it.