Getting to MTG’s America: Enumerated Powers and the Elastic Clause

Somewhat unusually, our federal government possesses only enumerated powers. This was more a concession to reality than a statement of principle in 1787; given the physical size and population density of the new American nation and the quality of transportation networks, extensive reliance on the existing state and local governments was inevitable. To a large extent, however, the gray area between state and federal authority was filled in by the Elastic Clause, which consequently became the source of most of the disputes between the Federalists and the Republicans. Even Jefferson had to rely on it for authority to consummate the Louisiana Purchase, however.

If you’re MTG, this is a problem. You need to take some of the elasticity out of the Elastic Clause to protect red state autonomy; otherwise, some new Hamilton will undoubtedly try to encroach on the liberties of “real Americans”. While you’re at it, you might as well amend the Constitution to modernize and further limit the enumerated powers. Actually, that wouldn’t be a bad idea even if you don’t believe in Jewish space lasers.