Here's where I have a problem with the Supreme Court. This "limiting principle" is something the Supreme Court is supposed to find through the process of judicial interpretation, yes? Why are they demanding that the Government provide this? Is there anything in the Constitution that says the Congress CANNOT pass such a law?
Our government is designed as divided into three distinct branches, and a federalist system of national and state governments. THAT is the limiting principle. Not some stupid, selfish ideological bent designed to keep us all in the 18th Century.
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