Professor George P. Fletcher of the Columbia Law School notes "Not only is [McVeigh's philosophy] in line with the conceptions held by many of the nation's founders," Mr. Fletcher writes in The New Republic, "but it lives on today in the works of an influential minority of legal scholars and advocates." Mr. Fletcher thinks the problem is that we have abandoned "the original Constitution" and adopted "a new Constitution" without facing the historical discontinuity this involves. In his words, "we do not teach this historical rupture -- not in our grade schools, not in our law schools. We are all good lawyers and therefore, like Lincoln, we pretend that the second Constitution is simply the natural continuation of the founding document." The first Constitution limited the federal government to external relations between the states, leaving alone such internal matters as slavery. The second Constitution, instituted by the Civil War, gave the federal government new powers to intervene within the states through the 13th, 14th and 15th Amendments The 10th Amendment, reserving to the states and the people all powers not "delegated" to the federal government, was not repealed or even modified. So Congress' exercise of any power not granted is still a usurpation, even under the "new" Constitution.
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