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Wednesday, January 5, 2011

Should Congress be required to cite the Constitution for any new law?

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.

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