Rather than harass those who voted against creating a federal “do not call” list, I’m inclined to recognize these members of Congress as profiles in courage for recognizing that this sort of thing is simply not a proper responsibility of the federal government. There are voluntary, albeit imperfect, private do not call list, as well as numerous services and technologies that can block unsolicited calls. It is rare for a member of Congress to stand up and say a popular initiative is beyond the scope of federal power. On such rare occasions, we should applaud those who stand on such principle.
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About the Author
Jonathan H. Adler is a professor at William & Mary Law School.
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