With the new Congress set to convene today, this could get really interesting!
Here is the argument, in a nutshell:
The first question the new Congress should ask of any proposed law is: Does the Constitution authorize us to pursue this end? If not, that ends the matter. If yes, the second question is: Are the means we employ "necessary and proper," as constrained by the principles of federalism and the rights retained by the people that are implied by a government of enumerated powers? In essence, the Constitution is no more complicated than that. It was written to be understood by ordinary citizens.
http://online.wsj.com/article/SB10001424052748703384504576055632235572362.html?mod=googlenews_wsj
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