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Friday, January 07, 2005

Constitution in exile discussion continues.
I was reading ron coleman's blog after clicking on a blogad at the instapundit.
(While the sun is not actually out, it's much brighter today, it has stopped raining, and I should be doing other things besides reading blogs. 47 down, 7.96 million to go....)
I was reminded he's the same ron coleman as in the volokhistan constitution in exile discussion i'd posted to when it was young.
Here's a post I like:
Brett Bellmore (mail) (www):
From 1789 until about 1900, I don't think the Supreme Court ever struck down a congressional statute as violative of the Commerce Clause...
Well, it's kind of tough to strike down violations of a constitutional provision, when Congress isn't violating it. Congressmen didn't always take the position that they should just pass any old laws they wanted to, and leave enforcing the Constitution up to the courts; They used to understand that they had an independent obligation to obey the Constitution. Something about an oath of office, I think...

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