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December 2, 2014

Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review Dec. 27, 2010 / 20 Teves, 5771

Enumerated Powers Make a Comeback

By Mona Charen




http://www.JewishWorldReview.com | It was always for our own good. It was always for a very good reason. It was always within the American tradition of this, that, or the other.

That's what they've told us, that's how they've patronized us, for generations, as the long tendrils of the federal government have spread and multiplied into every realm of American life. It had become so utterly unremarkable, this robotic and seemingly inexorable aggrandizement of federal power, that when Speaker Nancy Pelosi was asked, in 2009, where in the Constitution Congress was granted the authority to force people to buy health insurance, she didn't even seem to understand the question. "Are you serious?" she asked. "Are you serious?"

But Judge Henry Hudson (don't you love the historically resonant name?) was very serious when he ruled that the Constitution created a federal government of "enumerated powers," and that limits on those powers have continuing force. He's not only serious, he's cautious and learned. And he represents something we wouldn't necessarily have predicted back in 2008 when a new liberal hegemony was predicted to unfold over the next 25 years — a principled backlash against federal overreach. Those tea party protesters in their Founders costumes may have looked ridiculous to Pelosi and Harry Reid, but their interest in seemingly antique concepts like limited government is showing up more and more. In just one month, a federal judge has ruled that the Commerce Clause cannot be stretched to cover absolutely everything the Congress wishes to do, and a chorus of limited government voices has noisily protested the Federal Communications Commission's attempt to assert control over the Internet.

It isn't possible for the former speaker or her allies in the federal juggernaut to dismiss Hudson as "Astroturf." In a carefully reasoned decision, he took note of Congress' power to regulate under the Commerce Clause. "But these regulatory powers," he ruled, "are triggered by some type of self-initiated action. Neither the Supreme Court nor any federal circuit court of appeals has extended Commerce Clause powers to compel an individual to involuntarily enter the stream of commerce by purchasing a commodity in the private market."

Hudson continued, "The unchecked expansion of congressional power to the limits suggested ... would invite unbridled exercise of federal police powers" whereas "Article I, Section 8 of the Constitution confers upon Congress only discrete enumerated governmental powers."

Together with challenges to the health care law mounted by at least 19 states, as well as differing judgments in other jurisdictions, the stage is now set for the Supreme Court to decide the issue. If the court decides, contra Hudson, that the Commerce Clause can indeed be stretched to cover anything , it won't be the first time.

In 1942, the court (just a few years after FDR's court packing plan) ruled that the Commerce Clause could justify the regulation even of intrastate commerce.

"The marketing of intrastate milk," wrote the court in the 1942 Wrightwood Dairy case, "which competes with that shipped interstate would tend seriously to break down price regulation of the latter."

An even more far-fetched bit of court reasoning followed in Wickard v. Filburn (1942), in which the federal government fined a farmer who raised wheat for his own consumption. The rationale: By eating his own wheat, the farmer did not buy wheat, and this non-participation in the market for wheat affected interstate commerce. Those who cannot imagine the court upholding a requirement that individuals buy a particular product (health insurance) should think again.

Since the New Deal, and particularly during the civil rights era, the Commerce Clause has been interpreted capaciously to permit the government to do good (actual good in the civil rights cases, perceived good in the New Deal cases). But no matter what the motive, the effect was to vitiate the Constitution's principle of enumerated powers. A more limited understanding of the Commerce Clause emerged in the 1990s when the Supreme Court struck down the Gun-Free School Zones Act. The court's composition has changed since then.

But the mood of the country is changing, too. Everywhere you look, assertions of power are being questioned. When the FCC announced plans to regulate the Internet in the name of so-called "net neutrality," dozens of congressmen protested that the agency was exceeding its authority. Dissenting commissioner Robert McDowell dubbed it "jaw-dropping interventionist chutzpah." But the comment that captured the new mood of respect for limited powers came from Sen. Mitch McConnell. "The Internet," he said, "should be left alone." Yes, for starters.

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