Quote:
Originally Posted by DiapDealer
And without a constitutional amendment, I might add.  |
As long as they can point to a time limit, then it's not unlimited, and thus doesn't require a constitutional amendment. One can argue that we have gotten to the point where there is no practical limit, but really it comes down to who are the judges on the Supreme Court.
The Supreme Court stretched the Commerce clause way past any rational defense to uphold FDR's power grabs. Many times there is a definite political component to various Supreme Court decisions. Very few people would agree that growing corn for your own conception is interstate commerce, yet that's what the Supreme Court decided so they wouldn't have to overturn FDR's regulations.
This is, of course, the fallacy of unilaterally declaring that no judge or jury would decide something a certain way. You never know what a judge and jury will decide is persuasive. There are many "novel legal theories" (i.e. lawyers trying to stretch the law to get the outcome they want) that end up being accepted.