Jonah — My point isn’t that a federal murder law or federal abortion law is a “bad idea,” so much as that both are unconstitutional. There are many good policy ideas that may nonetheless lie beyond the reach of the federal government. While I know you probably rcognize (and agree) with this distinction, I think it is important to reiterate. Judging the constitutionality of statutes based upon whether they are “good” or “bad” policy is part of how we got into this mess in the first place. My hope is that conservatives will help lead the way out — and that requires adhering to constitutional principle even when it hurts.
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Jonathan H. Adler is a professor at William & Mary Law School.
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