A longstanding legal rule tells us that because the Constitution lists the federal government’s powers, any power not on the list is denied.
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One of the Constitution’s most important features—limits on the central government—has been the target of a propaganda campaign for many decades.
“Progressive” commentators in politics, academia, and the media claim these limits impede creative and effective solutions to social problems. Over the years, they’ve enlisted many issues to promote their cause:
“We can end poverty only through bold federal initiatives!”
“To save the planet, we need more federal regulation!”
“The path to college affordability is for the federal government to pay full tuition!”
“The way to jump-start the economy is through massive federal stimulus spending!”
Other issues on the list have included civil rights, consumer protection, inequality, K-12 education, climate change, racism, and “crumbling infrastructure.” Whatever the malady, the prescription—federal action beyond what the Constitution authorizes—is always the same.
Just for once, I’d like to hear one of the propagandists admit that, in retrospect, too much federal intervention made a problem worse. They would have a lot of examples to choose from, but I don’t ever expect to hear it.
Unfortunately, the campaign to persuade Americans that the federal government is and should be omnipotent has enjoyed great success. One reason is that public school civics education often misrepresents the Constitution’s meaning and the reasons behind that meaning. This essay helps fill the gap by explaining how the Constitution confines federal power and why it does so.
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