The Constitution vs. Constitutional LawSubmitted by JCole on Tue, 03/27/2012 - 12:33
This comment in an article from the LA Times concerning the SCOTUS deliberations on Obamacare:
"The Constitution says Congress has the power to "regulate commerce" and to impose taxes to promote the general welfare. The court has in the past upheld federal laws regulating all manner of business -- from agriculture and aviation to who can be served at the corner coffee shop -- and Roberts, Scalia and Kennedy have in other cases supported the government’s broad authority in that area.
But Tuesday, the three -- and Alito -- repeatedly criticized the requirement to buy health insurance as forcing people to enter a market, which they said was a new and troubling use of federal power."
Elsewhere I have read that our government stopped following the Constitution in the late 30's-early 40's, when the SCOTUS at that time ruled on three major cases that greatly expanded the power of the government. Those decisions (and others) are known as Constitutional Law.
What would be necessary to overturn bad Constitutional Law in favor of returning to The Constitution?