Viewpoints
Opinion

How the Supreme Court Rewrote the Constitution

How the Supreme Court Rewrote the Constitution
Wheat ready for harvest in North Dakota is seen in this file photo. Karen Bleier/AFP/Getty Images
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Commentary
The first, second, third, and fourth installments of this series described how the Constitution established a relatively small federal government with limited powers and how President Franklin D. Roosevelt’s New Deal challenged that plan. Initially, the Supreme Court tried to balance the New Deal with the Constitution. However, during the years from 1937 to 1944, the court dismantled most of the Constitution’s restraints on federal power. The first two casualties were limits on federal spending (1937) and on federal land ownership (1938).
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Rob Natelson
Rob Natelson
Author
Robert G. Natelson, a former constitutional law professor, is Senior Fellow in Constitutional Jurisprudence at the Mountain States Policy Center and the Independence Institute. He authored “The Original Constitution” (4th ed., 2025) and is a contributor to the Heritage Foundation’s “Heritage Guide to the Constitution.”
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