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| Constitution in Exile ： ウィキペディア英語版 |
Constitution in Exile
:''This article does not refer to'' The Constitution in Exile'', a book by Judge Andrew Napolitano.''
Constitution in Exile is a controversial term that refers to the situation resulting from provisions of the United States Constitution allegedly not having been enforced according to their "original intent" or "original meaning". Some originalists might argue, for example, that the Commerce Clause and Necessary and Proper Clause do not authorize economic legislation dating all the way back to the New Deal.
==Origins and meaning==
According to an article by Legal Affairs Editor Jeffrey Rosen in ''The New Republic,'' "The phrase comes from a 1995 article by Douglas Ginsburg, a federal appeals court judge in Washington, D.C., whom Ronald Reagan unsuccessfully nominated to the Supreme Court after the Senate rejected Bork."()
According to the same article, reinstating provisions "exiled" from the Constitution would mean "reimposing meaningful limits on federal power that could strike at the core of the regulatory state for the first time since the New Deal. These justices could change the shape of laws governing the environment, workplace health and safety, anti-discrimination, and civil rights, making it difficult for the federal government" to act on these issues. Rosen considers this to be a form of judicial activism, though its proponents would argue that it was merely reversing decades of accumulated activism.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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