With Trump's second appointment to the Supreme Court waiting in the wings, many American patriots are hopeful the new court can restore the Constitution to the Framers' original intent.
But according to a new article by constitutional scholar Robert Natelson, that doesn't appear likely.
Amid all the public attention to cases involving wedding cakes and labor unions, little public attention has focused on another important decision issued by the Supreme Court this past term. The case is Murphy v. NCAA. It contains good (and bad) news for those who hope (or fear) the Court will limit federal power to the scope the Constitution actually permits.
The take-away from the case is that while a strong majority of justices are determined to protect the states from direct federal commands, only Justice Thomas—not Gorsuch, Alito, or any of the others—is willing to restrict federal economic power to match the Constitution’s design.
There is little doubt that those who adopted the Constitution understood that governance of recreational activities, such as sports, was reserved to the states. Regulation of in-state gambling, like other moral issues, similarly was outside the federal sphere. By using its Commerce Power, Congress might restrict gambling across state lines. But unless people were shipping lottery tickets through the post office or otherwise buying and selling across state borders, the Constitution determined that gambling was strictly a state issue.
But Congress seems to know no restraint.
Click here to read the full article.
Natelson's conclusion is simple: if the Courts won't restrict the feds, the people and the states can.
The fact is that under no possible scenario in the foreseeable future will a majority of the Supreme Court re-establish constitutional limits on a runaway Congress. That will have to be done by the people, acting through the Constitution’s Article V amendment process.
The Convention of States Project is dedicated to exactly this. Under our resolution, the states can meet to discuss amendments that will put Congress (and the President and the Court) back in its constitutional box.
If that sounds good, then join with millions of Americans and consider signing your name to the Convention of States petition!
