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Cato Podcast

Can the Constitution Constrain the U.S. House?

Cato Podcast

Cato Institute

Immigration, News, News Commentary, Peace, 424708, Markets, Government, Libertarian, Policy, Politics, Cato, Defense

4.5979 Ratings

🗓️ 6 January 2011

⏱️ 6 minutes

🧾️ Download transcript

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Transcript

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0:00.0

This is the Cato Daily Podcast for Thursday, January 6, 2011.

0:08.0

I'm Caleb Brown.

0:09.0

Today, the U.S. House begins its work with a reading of the U.S. Constitution.

0:13.2

It's a first for the chamber, but is it a gimmick or a harbinger of a new fealty to our nation's

0:19.1

governing document?

0:20.5

Roger Pallone, Vice President for Legal Affairs at the Cato Institute, says it depends.

0:27.0

The reading of the Constitution in the first day of the House of Representatives Session is symbolic to be sure, but it's more than symbolic.

0:37.0

The symbolism is that we hope for the first time in a long time Congress or at least the House is going to be

0:46.8

taking the Constitution seriously. We have lived under the Constitution for over two centuries now, but for the past 75 years or so,

0:59.0

we've lived under something called constitutional government

1:04.1

because what the New Deal court did

1:06.5

was essentially turn the Constitution on its head.

1:10.4

It turned in from a document that authorized limited government

1:15.0

into a document that authorized all but unlimited government.

1:20.0

In other words, James Madison and Federalist 45 promised us the government whose powers would be few and defined.

1:31.0

Under the influence of the progressives during the progressive era,

1:35.0

we fundamentally rethought our conception of government,

1:40.0

or at least the progressives did, but it was not until the new deal that they were able

1:46.2

to institutionalize this after Roosevelt's infamous court packing scheme was unveiled and the court now cowed did that essentially

1:59.1

by allowing the federal government to regulate and redistribute virtually at will,

2:06.0

first of all.

2:07.0

Secondly, by bifurcating the Bill of Rights

...

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