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Good points, but:

Posted by rbolaw on February 2, 2017 at 13:15:00

In Reply to: I'd say we've had more than two posted by jec01 on February 2, 2017 at 11:15:35:

1. The 14th Amendment created the precedent that the federal government had the power to impose obligations on, and limit powers of, states and individuals beyond those contexts explicitly authorized in the constitution, ending the original concept of federalism. The 16th Amendment followed suit.

2. The civil rights cases for the most part were a direct result of the 14th Amendment. True, the Commerce Clause was there to begin with, and increased in importance early on, well before the civil war. But I'd argue that the Commerce Clause didn't swallow federalism, rather the rapidly increasing and ultimately overwhelming prevalence of interstate commerce itself did.

3. Here I think you are entirely correct, because individual rights didn't exist at all in the federal system created by the "Founders", which is why slavery could be perfectly constitutional, for example.

Greetings from the University of Virginia Law School class of 1988.

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