"If Holmes was correct, the treaty power can be used to undo the carefully wrought edifice of a limited government assigned only certain enumerated powers. That those who drafted and ratified the Constitution intended to bury such a dormant time bomb in their handiwork is too much of a stretch to be seriously entertained."
No one argues that Bond intended to kill with the bright orange chemical her victim easily detected. And the federal government did not intervene in the Bond case because her action threatened a distinctly federal interest. It intervened because it thought it could: Government's will to power is an irresistible force until it meets an immoveable object — a court. Which is why our Constitution requires not judicial deference but active judicial engagement in defense of its liberty-protecting structure. And why the case of the mildly injured thumb matters so much.
George Will's email address is firstname.lastname@example.org.
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