Comment Re:8-1 decision (Score 1) 53
To a constitutional literalist, much of what the federal government does is illegal. Unfortunately, the Constitution, if literally interpreted, would not work in a large society with fast transportation and fast communication. It was written for a country that was 90% rural, and where it could take weeks to travel to Washington, DC. It was also written for a country where most of the decisions affecting citizens were LOCAL. Town or county level.
And, yes, the government has clearly drastically altered to interpretations put on many sections, and ignored others. This was necessary because the Constitution is too difficult to amend. (Perhaps they would have done it anyway, but that's a separate argument.) E,g, there is no valid basis in the Constitution for any law either enabling or regulating a corporation. The founders generally didn't trust corporations, and to the extent that they were permitted, thought that they should be regulated a the state level or lower. Some of them thought that corporate charters should be for limited periods of time...but just imagine trying to build a transcontinental railroad without standardized legal corporate laws. (It's been done in other areas, but it sure wasn't easy.)