Commentary
Justice Clarence Thomas frequently uses concurring and dissenting opinions to explain the Constitution’s fundamental principles.
The latest example is his June 8 dissent in Health and Hospital Corp. of Marion County v. Talevski (pdf). It explains the meaning and history of Congress’s power to spend money. I recommend it to anyone interested in our Constitution.
Congress’s Legitimate Spending Power
The Constitution enumerates (lists) the powers held by Congress and other branches of the federal government. A basic constitutional principle—which the Supreme Court honors more in words than in reality—is that those powers are limited to the items enumerated….