I think it is hard to think of a better case than this one for a cherry-picked, results-oriented, poorly reasoned approach that disregards history entirely when inconvenient, other than maybe Dred Scott itself. Fact that Clarnece Thoams joined this and continued to use it later, I think defeats any idea that he just applies original meaning naturally without some predetermined goals in mind.

In Boerne, the Court, out of nowhere, invented the idea that laws Congress makes to enforce the 14th Amendment must be" congruent and proportional". Problems with this are numerous. First, it completely ignores McCulloch.…