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WSJ: William Rehnquist - Will our 'New Federalism' survive the Chief's death?
Wall Street Journal ^ | September 6, 2005 | RANDY E. BARNETT

Posted on 09/06/2005 6:04:02 AM PDT by OESY

...[I]t was William Rehnquist who was most personally responsible for what is now called "the New Federalism" -- the revival of the ideas that judiciary should protect the role of the states within the federal system and enforce the textual limits on the powers of Congress. Establishing the New Federalism took enormous effort and leadership by Rehnquist over many years. Now that legacy is in jeopardy.

At the founding, and for some 150 years thereafter, the limits on congressional power provided by the Constitution... as modified by the Fourteenth Amendment-- were enforced by the Supreme Court. According to the textual plan, Congress is, with few exceptions, confined to the express powers enumerated in Article One of the Constitution. While these express powers were understood as flexible, they were nonetheless limited. When the federal government was limited to its enumerated powers, the states were left to the exercise of their police powers, subject to the limitations imposed upon them after the Civil War by the Fourteenth Amendment.

The Founders' plan was more or less intact until the 1930s, when President Roosevelt and the New Deal Congress enacted a massive expansion of federal power. By the 1940s, the textual scheme of limited federal powers was effectively swept away by a Supreme Court dominated by appointees of President Roosevelt. In a series of landmark decisions, such as Wickard v. Filburn in 1942, the New Deal Court replaced the Constitution's textual scheme of limited federal power with a policy of judicial deference to any claim by Congress to regulate anything and everything with even a remote connection with the national economy....

As the president now decides who next to nominate, he would uphold the Constitution by selecting a person with a firm and demonstrated commitment to the Rehnquist Court's New Federalism legacy....

(Excerpt) Read more at online.wsj.com ...


TOPICS: Business/Economy; Constitution/Conservatism; Culture/Society; Editorial; Government; News/Current Events; Philosophy; Politics/Elections
KEYWORDS: chiefjustice; fdr; federalism; founders; fourteenthamendment; gonzales; lopez; morrison; newdeal; rehnquist; scotus; supremecourt; wickard
Mr. Barnett, the Austin B. Fletcher Professor of Law at Boston University, is author of "Restoring the Lost Constitution: The Presumption of Liberty" (Princeton, 2004). QUOTE: "As the president now decides who next to nominate, he would uphold the Constitution by selecting a person with a firm and demonstrated commitment to the Rehnquist Court's New Federalism legacy. Only such a choice would continue the movement to restore the "first principles" of constitutionally limited government that William Rehnquist affirmed so eloquently."
1 posted on 09/06/2005 6:04:02 AM PDT by OESY
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To: OESY

..when President Roosevelt and the New Deal Congress enacted a massive expansion of federal power. By the 1940s, the textual scheme of limited federal powers was effectively swept away by a Supreme Court dominated by appointees of President Roosevelt...
----
Yes, the father of socialism in this country. And the trend has continued...Roberts' appointment is key. The SCOTUS needs to be kept under control.


2 posted on 09/06/2005 6:14:59 AM PDT by EagleUSA
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To: OESY

Good!


3 posted on 09/06/2005 6:15:01 AM PDT by alessandrofiaschi (Is Roberts really a conservative?)
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To: EagleUSA

Roberts is Rehnquist's protege. He will follow in most, if not all regards.


4 posted on 09/06/2005 7:10:00 AM PDT by zendari
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BUMP


5 posted on 09/15/2005 8:03:47 AM PDT by dimquest
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To: OESY; everyone
Barnett writes:

--- At the founding, and for some 150 years thereafter, the limits on congressional power provided by the Constitution... as modified by the Fourteenth Amendment-- were enforced by the Supreme Court.
According to the textual plan, Congress is, with few exceptions, confined to the express powers enumerated in Article One of the Constitution. While these express powers were understood as flexible, they were nonetheless limited.

When the federal government was limited to its enumerated powers, the states were left to the exercise of their police powers, subject to the limitations imposed upon them after the Civil War by the Fourteenth Amendment.







Unfortunately, the USSC has not recently been exercising limits on state police powers regarding property, either real estate or weapons, etc.

From Roberts testimony, I do not see him as willing to control rogue States like California and its unconstitutional gun 'laws'.

Can anyone show me I'm wrong?
6 posted on 09/15/2005 10:09:20 AM PDT by dimquest
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