12) What is the principle of Federalism and how does that principle manifest itself today? Is that manifestation consistent with the views of the Founders?
13) Many feel the Federal government should be limited and believe this is reflected in the "enumerated" powers of the Constitution. What is the meaning of the phrase 'enumerated powers' and what has been the trajectory of its meaning over time? What does this phrase mean to you and how would it enter into your judicial reasoning?
14) In general what is the constitutional authority for an earmark spending item where the federal budget funds a small local project that neither affects Interstate Commerce nor promotes the "general welfare" of the country at large?
16) What is the definition of the "rule of law" that you intend to use as a judge?
Questions like these, regardless of Ms. Kagan's answers, can serve many purposes. Her hearings can be the vehicle for these issues to be placed and discussed in the public square, before and by the media, and more importantly between and among elected representatives in a public manner; in addition to revealing much about the nominee. Those discussions are necessary regardless of whether or not Ms. Kagan is confirmed.
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