With the confirmation of Brett Kavanaugh, many liberty-loving Americans hoped that he would give SCOTUS the majority it needs to provide a real check on activist judges.
But their first case this term suggests otherwise, as constitutional law expert Prof. Rob Natelson explained in a recent article:
In Mount Lemmon Fire District v. Guido, the Court applied a far-reaching federal statute to a tiny fire district. The district claimed it fit within the statute’s exemption for small employers. The Court ruled that the district was not exempt, and was subject to the same federal rules that applied to larger employers. The decision was written by Justice Ginsberg, and was unanimous: 8-0.
A unanimous decision to exert federal control on a local entity? That doesn't sound like limited government to us.
Prof. Natelson continues:
The statute is based on an overly-expansive definition of congressional power under the Commerce Clause and Necessary and Proper Clause. It may also over-read congressional power under the Fourteenth Amendment. But no member of the court wrote a concurring opinion to point that out, including Justice Clarence Thomas.
Apparently not even the fire district challenged the statute on constitutional grounds. Attorneys for the district knew that the justices the media mischaracterize as “conservative” in fact, faithfully apply the decisions of prior “progressive” courts. Because of the liberal jurisprudence built up during the 20th century, a Supreme Court justice committed to precedent necessarily reaches mostly liberal results.
Even if justices like Kavanaugh and Thomas wanted to shrink federal power, they have to contend with 100 years of precedent that cuts in the opposite direction. As this first case proves, we can't rely on SCOTUS to rein in an abusive federal government.
That's why millions have joined the nationwide Article V Convention of States movement. A Convention of States can, among other things, propose constitutional amendments that restore the Commerce Clause and the Necessary and Proper Clause to the Founders' original intent. These amendments can do what SCOTUS never will: put the feds back in their constitutional box and leave the states and the people to govern themselves.
Sign the Convention of States Petition below to put the Supreme Court back in the constitutional box!
