Kennedy, Durbin Gearing Up for Fight on Roberts’ Nomination
July 22nd, 2005
What’s at stake for Democrats with the Roberts’ nomination? Apparently quite a few things, including “the clause of the Constitution that authorizes the government to regulate interstate commerce. ” That clause is on Ted Kennedy’s list of questions…
Earlier, at a meeting with reporters, Senator Edward M. Kennedy, Democrat of Massachusetts, indicated that he intended to question Judge Roberts closely not only about “privacy rights,” but also about his views on the clause of the Constitution that authorizes the government to regulate interstate commerce.
Since the New Deal, that clause has provided the basis for a host of federal regulations and social programs including welfare, the minimum-wage laws, civil-rights laws and environmental rules. Some conservative judges and scholars have argued that the clause should be more narrowly interpreted, restricting the authority of the Congress and giving states more latitude.
In a sign that he shared that view, Judge Roberts, who sits on the United States Court of Appeals for the District of Columbia Circuit, argued in one dissenting opinion that the federal government did not have the power to block a California real estate development because it endangered the habitat of a certain toad.
Seizing on that opinion, Mr. Kennedy warned of “an enormous danger” if the Supreme Court turned away from the broad New Deal interpretation of the Commerce Clause. “Can you imagine the sort of nation we would be if each state had to pass each civil rights law separately?” he asked. “We would be a lesser nation.”
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http://blog.thedemocraticdaily.com/?p=46
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