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"1. What constitutional limit?"

The purpose of the Constitution was to give the federal government limited, enumerated powers that benefited the individual states. Would you say that the federal government still has limited, enumerated powers? The interstate commerce and general welfare clauses have been used to justify pretty much everything (except for banning guns manufactured entirely within a single state from school zones[1]). The current interpretations of the Constitution have made the act of enumerating powers worthless. The Ninth and Tenth Amendments now mean nothing. The federal government can do anything, and that wasn't the idea. Even independent of what the Founders may have desired, this is clearly a negative development if you believe in self-government. Governments should have limits that are defined by their citizens. Ours does not.

[1] https://en.wikipedia.org/wiki/Gun-Free_School_Zones_Act_of_1...



I'm not an American so I only have a passing knowledge of what you're referring to, BUT:

That depends on whether you believe in an originalist interpretation of the constitution. Like most legal theories, it's up for debate but I'm not in that camp.


My argument explicitly avoids a dependence on an originalist interpretation of the Constitution.

"Even independent of what the Founders may have desired, this is clearly a negative development if you believe in self-government. Governments should have limits that are defined by their citizens. Ours does not."




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