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The President ... may err ... Congress may decide amiss ... But if the Supreme Court is ever composed of imprudent or bad men, the Union may be plunged into anarchy or civil war.
Alexis de Tocqueville
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This decision reveals an alarming tendency to destroy the sovereignty of the states. Our supreme court is usurping the legislative function, and Congress may yet prove the last citadel of constitutional government.
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The Supreme Court, in 2005, emphasized and contrasted the great power of Congress under the Commerce Clause to regulate interstate commerce versus much more limited federal power under the discarded Articles of Confederation.
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What today's decision will stand for, whether the Justices can bring themselves to say it or not, is the power of the Supreme Court to write a prophylactic, extraconstitutional Constitution, binding on Congress and the States.
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