@cmuratori constitutional law professor Casey: is this proposed unrealized gain nonsense in violation of the 16th amendment?
It is made worse by the modern interpretations of the 14th Amendment and Commerce Clause, which have given the Federal government powers they probably never were intended to have, which makes them seem like an unlimited authority when they are in fact limited.
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It's all kind of a mess. I guess that's just what happens after ~250 years.
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Very much so. There was a historical process with material interests & contingent factors (like free real estate) all long since past, so I think it’s silly if one were to hold the immortal science of federalism in reverence except in a weak “if it ain’t broke” sense.
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