In a recent string of decisions invalidating federal civil rights legislation, the Supreme Court has repeated the simple but powerful message: \u22The Constitution belongs to the courts.\u22 Beginning from the premise that Congress\u27s \u22authority is limited to those powers enumerated in the Constitution, the decisions emphasize that it is the Court\u27s special responsibility to mark where Congress \u22has exceeded its constitutional bounds.\u22 The Court has insisted that it must impose \u22judicially enforceable outer limits\u22 on Congress\u27s enumerated powers, even at the cost of considerable \u22legal uncertainty.\u22
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