By persuading the Court to reject a Commerce Clause rationale for a presidentโs signature act, the conservative legal insurgency against Obamacare has won a huge victory for the long haul. This victory will help revive a venerable tradition of Americaโs political culture, that of viewing congressional actions with a skeptical constitutional squint, searching for congruence with the Constitutionโs architecture of enumerated powers. By rejecting the Commerce Clause rationale, Thursdayโs decision reaffirmed the Constitutionโs foundational premise: Enumerated powers are necessarily limited because, as Chief Justice John Marshall said, โthe enumeration presupposes something not enumerated.โ
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