by Seth Lipsky
The Citizen’s  Constitution An   Annotated Guide by  Seth Lipsky
"In 1995, the  Supreme Court, in a 5 to 4  decision in U.S. Term Limits v. Thornton,  struck down the Arkansas  restrictions, ruling that no qualification can  be imposed beyond those  enumerated in the Constitution. In a dissent,  Justice Thomas wrote: 'Where the Constitution is silent about the  exercise of a particular  power—that is, where the Constitution does not  speak either expressly or  by necessary implication—the Federal  Government lacks that power and  the states enjoy it.'"
  
  
(Article 1  Section 8:8)
"[The Congress shall have Power] To promote the Progress of Science and  useful Arts, by securing for  limited Times to Authors and Inventors the  exclusive Right to their respective Writings and Discoveries;"   
Congress recodified copyright in 1909, it  dropped the limiting language, and protected all “works of art”—whether  “fine” or not.
“It would be a dangerous  undertaking for persons trained only to the law to constitute themselves  final judges of the worth of pictorial illustrations, outside of the narrowest and most  obvious limits. At the one extreme some works of genius would be sure to  miss appreciation. Their very novelty would make them repulsive until  the public had learned the new language in which their author spoke. It  may be more than doubted, for instance, whether the etchings of Goya or  the paintings of Manet would have been sure of protection when seen for  the first time. At the other end, copyright would be denied to pictures  which appealed to a public less educated than the judge. Yet if they  command the interest of any public, they have a commercial value—it  would be bold to say that they have not an aesthetic and educational  value—and the taste of any public is not to be treated with contempt.”
-Justice Oliver Wendell Holmes, Bleistein  v. Donaldson Lithographing Co. ( 1903)
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