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Tuesday, February 03, 2004

SSA SDRAWKCAB.

This person , who said: "The 'overly-restrictive view of individual rights and liberties' is called a written Constitution and the rule of law", in reference to this interview, should read this book.

Anyhow, the poster has things backwards. The written Constitution was meant to limit the powers of the Federal Government. The Federalist No. 45, p. 292-293 (C. Rossiter ed. 1961) (“The powers delegated by the proposed Constitution to the federal government are few and defined.”). The powers of the state were also limited. See, for example, Article IV, U.S. Const.

However, Congress and the States ran wild because the Court did not construe their powers narrowly. Thus, individual rights had to be "created." Yes, their creation is false. But it is no more false than allowing states to breach contracts and deny the right to privileges and immunities. And certainly no more false than allowing Congress to enact thousands of federal criminal laws. See, generally, Title 18 of the United States Code.

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