That’s the message that Kevin Gutzman gave on the recent Bond decision, which ruled that an individual can sue the feds under the 10th Amendment.
From 1937 to 1995, the Supreme Court did not rule a single congressional statute unconstitutional. One cannot take for granted that any constitutional provision will be respected if asserted against Congress in a federal court. Consider the most important pattern of congressional disrespect for the Constitution: violation of the 10th Amendment in exercise of Congress’s spending power. Good luck challenging that.
While, in principle, the idea that a single person should be able to sue the feds is correct, in my opinion – Gutzman points out a stark reality, the Supremes almost NEVER invalidate congress. So do our hopes remain in politically-connected lawyers in black dresses? Nah.
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