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Today, of course, the redistributive powers of Congress are everywhere -- except in the Constitution. The result is the feeding frenzy that is modern Washington, the Hobbesian war of all against all as each tries to get his share and more of the common pot the tax system fills. ... It is unseemly and wrong. More than that, it is unconstitutional, whatever the slim and cowed majority on the New Deal Court may have said.
Unfortunately, over the course of this century Congress has largely ignored the constitutional limits on its power. And the courts, especially after Franklin Roosevelt threatened to pack the Supreme Court with six additional members, have only abetted the resulting growth of government by fashioning constitutional doctrines that have no basis whatever in the Constitution. As a consequence, many of the programs Congress oversees today are without constitutional foundation, having resulted from acts that Congress had no authority.