My bet is that they won't. Republicans are no more interested in limited government than the Democrats.
Whereas the Constitution as written creates a government of limited powers, modern “constitutional law” has allowed an all but unlimited federal government – nowhere more evident than in Ms. Kagan’s sponsor’s cardinal achievement to date, ObamaCare.
In this time of the Tea Party movement (witness this weekend’s developments in Utah), when the cry is “Give us back our Constitution,” the question, “Are there any longer any limits on federal power?” will doubtless be prominent during the upcoming Senate confirmation hearings.
Ms. Kagan has a slim publishing record for someone with her background, so the hearings will be especially important for answering that question. One hopes that at least the Republicans on the Senate Judiciary Committee will be resourceful and diligent in pressing the question.
2 days ago