July 20, 2010

New York Times: All "Good Ideas" Are Constitutional

In an editorial defending Kagan the NYT argues in support of the broadest possible reading of the commerce clause because it empowers Congress to do "some of the best things that government has done for the better part of a century, and some of the best things that lie ahead."

Ann Althouse:
That's the argument. The Constitution should mean what it needs to mean so that we can get the things that we want from government — all those fine things that government deigns to do for us. ...

The idea that constitutional law stands apart from political preferences is nowhere to be found. I guess NYT readers aren't supposed to notice that.

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