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Oh, very nice, quoting Edmund A. Opitz (an originalist) to support your originalist argument. Should I quote FDR to balance it out or shall we get to the actual meat of the issue?
Steward Machine Co. v. Davis is legitimate legal precedent. It doesn't matter if you disagree with it, it's how the Constitution is to be interpreted until the SCOTUS says otherwise. It's not a new deal argument, it's how the country works. If you're not happy, become a lawyer, then a judge, then a federal judge, then get on the Supreme court. Until then, talk to Stone, Cardozo, Brandeis, Hughes, and Roberts. You can whine about the Constitution until you're blue in the face, but the fact remains that when this was put to the test in front of the highest court in the land, it was determined that there was legitimate need. And guess what? They were right. The New Deal has been an incredible force for good in our country, not some slide into fascism.
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