Then how is the constitutionality of any law to be determined?
What does this line mean- congress shall make no laws
It means Congress Shall Not Interfere.
If CONGRESS Is Not Supposed To Interfere, Why Should Tthe Courts Be Allowed To?
THE ORIGINAL INTENT was that the FEDERAL GOVERNMENT- NO MATTER WHAT PART- SHOULD NOT BE INVOLVED OR INTERFERE IN THESE MATTERS.
They were for the states to figure out on their own.
That way each state could work things so that they would best work in that state.
Each state is different in its makeup and in other ways.
The basic rights would be the same since basically people are pretty much the same.
BUT NOT IDENTICAL. And the states would not each have identical ANYTHING.
But each state would have its own way of handling things that fit the best for THAT STATE.
But the bottom line is that the federal government had no business trying to tell the states what to do in those areas
