The new Republican controlled House has pledged to read the Constitution on the floor of the House. Presumably this is in response to the Tea Party’s claim that much government spending is unconstitutional. Given this new freshman class, I expect the reading to look like this:
They also want those who submit bills to cite what in the Constitution allows for the provisions of the bill. Perhaps one of the things they will learn from the reading of the Constitution is that the legislature can pass anything it wants. It’s up to the courts to determine if a law is constitutional. Now that may be viewed as “activist” judges legislating from the bench, but if you read the Constitution, you’ll find that’s their job.