Why the Constitution's Tenth Amendment Matters So Much;

摘要

The explosion in the size of government during the past two administrations makes clear we are in a struggle for the very soul of the Constitution, which is limited government For decades the prevailing practice among elites on both the left and the right has been to interpret the Constitution as a source of virtually limitless government power and not, as its creators intended, a charter of liberty. That transformation has been abetted by an ethic known variously as judicial "deference," "restraint" or "minimalism." Increasingly, however, a more accurate term would be judicial abdication. The time has come for something else: judicial engagement.