Justice Roberts is being a bit obtuse. Indeed the Constitution does lay out various options for the government to change the rules anytime it wants to. It even lays out rules for the people or the states to do so without consent of the government. He is also flying in the face of the court's own precedence. As Justice Holmes famously said in
Schenck v. US:
The most stringent protection of free speech would not protect a man falsely shouting fire in a theater and causing a panic. The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.
The First Amendment grants Congress no such right. One might even argue that the First Amendment permits perjury, slander, and libel. Nor does the Constitution grant Congress or the FTA the right to restrict ownership of automatic weapons or involve itself in a whole host of things in which it engages. By Justice Roberts' argument, someone like Ron Paul would be right to say that the Federal government has no right to involve itself in anything other than the very narrow and specific duties granted it under the Constitution. I find it highly ironic that the Constitution itself did not specify the Supreme Court to have the final power of Constitutional interpretation. The court took upon itself that power in
Marbury v. Madison! Does Roberts believe that because that power was not enumerated to the court that it should not have that power? Methinks Justice Roberts is blinding himself to the very precedents which give him the ability to opine something so ridiculous.
As much as he might complain about what the founding fathers thought, let's remind ourselves that the founding fathers were alive and well for many years following the creation of the Constitution and had they, as a body, any serious disagreement with how the court was doing its job, they would have said so and Congress itself was not so far removed from those men not to have an idea of what it was they meant in what they wrote. Sometimes I think people like Justice Roberts believe the founding fathers wrote the Constitution and then bodily ascended as a whole to heaven when, being mere mortals, they did no such thing.