Some Good News: H.R. 450
ByEarlier, we argued that the practice many congressman have of voting for legislation of dubious constitutionality on the assurance that the courts will ultimately decide issues of constitutionality for them is a reckless abdication of responsibility.
This practice has allowed activist judges leeway in interpreting congressional intent to fit within constitutional confines. Our vertical federalism today looks far different than our founders intended and we can find blame not only in political judges, but also legislators who failed to honor and respect the Constitution’s limitation on federal power.
That’s why we are particularly impressed with legislation sponsored by representative John Shadegg to require Congress to specify “the source of authority under the United States Constitution for the enactment of laws, and for other purposes.” The Enumerated Powers Act may ultimately result in a better congressional record giving activist judges less leeway.
More importantly, its passage would be an important step towards Congress reasserting its role in safeguarding the Constitution.
