The Federal Court system has drawn more and more power to itself in the past 50 years by rulings that have stretched and rationalized the constitution far beyond anything the founders would have imagined. In fact the "interstate commerce" portion has been over worked more than just about any of the with the possible exception of the "equal protection" clause. With the courts, both conservative and liberal, taking liberties they have weakened the our Republic style governing system with their autocratic decisions. The founding fathers figured that each state could set themselves up the way the majority of the people would see fit so long as they didn't break the few rules outlined or expressly governed by the constitution. Today the courts have rationalized so many things to be under the "governance" of the Constitution as to eviscerate the States abilities to self govern. This is why I think there is such a cultural backlash in this country because the courts have in effect over stepped their bounds. This isn't just a dem and republican issue. The courts are "conservative" today. This is the Living document argument and I for one want a dead carved in stone commandment style one that everyone who hasn't studied case law would easily understand. That is what I think we have and that is what I think has been rationalized away. The courts don't make decisions based on the constitution they make them based on some other dead dudes interpretation. That is the problem as I see it.
Rahl
