The left thinks its power is so broad as to be essentially limitless,
and so singularly vested as to be checked virtually solely at its own
discretion.
Interested to know what the top liberal legal minds of the United States Supreme Court think about government power and your private property? First, take 10 minutes to read Justice Brett Kavanaugh's opinion, written for the majority, in the court's Thursday night decision to stop the ban on rental income; then spend another 10 minutes on Justice Stephen Breyer's dissent.
Here's a hint: The left thinks its power is so overarching as to impact nearly every citizen, so broadly interpreted as to be essentially limitless, and so singularly vested as to be checked virtually solely at the discretion of the bureaucracy itself.
Limitless Authority So where does this "Tailored" power come from, exactly? According to the CDC, it comes from the Public Health Service Act, a law Congress passed in 1944 to handle outbreaks of serious disease.
"If Congress," Breyer assures us, "Had meant to exclude these types of measures from its broad grant of authority, it likely would have said so." Compare that reasoning with Kavanaugh's, who maintains the court expects "Congress to speak clearly when authorizing an agency to exercise powers." The latter is the kind of reading that fits more soundly with, say, the 10th Amendment.
"The powers not delegated to the United States by the Constitution," it reads, "Nor prohibited by it to the States, are reserved to the States respectively, or to the people." In fact, this is clear in recent Supreme Court precedent.
"Our precedents," the court wrote in 2020, "Require Congress to enact exceedingly clear language if it wishes to significantly alter the balance between federal and state power and the power of the Government over private property." A tenant's relationship with his landlord falls under state law completely; that's the reason, for example, you don't hear about government rent-control outside of a number of cities in New York, Maryland, New Jersey, or California.
While it's been in full public view these past 18 months, the reality is we have increasingly suffered under the thumb of unchecked bureaucracy since President Woodrow Wilson; its power and influence growing stronger each year, while the executive and congressional power and will to curb it have lessened.
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