The FTC defies the Constitution again

Published May 20, 2024 12:12pm ET



America ratified the Constitution with the understanding that the federal government would be one of limited, enumerated powers. That understanding was quickly upended.

Within a few decades, the commerce clause had been expanded to reach nearly every commercial activity, the necessary and proper clause had been transformed into the “elastic clause,” and the spending and taxing powers were explicitly interpreted to allow Congress more or less to regulate fields beyond its constitutional bailiwick. If those participating in the ratification debates had known that “limited, enumerated” powers meant unlimited and unchecked federal authority, they would have voted down an already controversial proposal. 

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