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To: Jim 0216
Kelo is an UNCONSTITUTIONAL decision. SCOTUS is NOT above the Constitution per the Supremacy Clause. The Constitution is the Ruler of SCOTUS and the federal government.

Jim, I realize that many of the SCOTUS decisions violate the strict constructionist view of the Constitution. But because we feel that way doesn't make their decisions less lethal or keep the leftists within our government from using even the bad declsions as if they are legislation. SCOTUS has been off the rails since 1948, imho, and I did my master's thesis on ConLaw.

3,516 posted on 02/06/2016 8:53:45 PM PST by Albion Wilde (Who can actually defeat the Democrats in 2016? -- the most important thing about all candidates.)
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To: Albion Wilde

I’d argue it goes back almost to the founding ...

Justice Story (Marshall Court) was not a federalist, but rather a champion of judicial nationalism, who desired a strong central government, in the same vain as Alexander Hamilton. Story was the leading opponent of state’s rights in the early republic (as set apart from the Jeffersonian viewpoint of federalism) Story developed and exercised his treaties of “judicial supremacy” that set the stage for the SCOTUS to become a tyrannical body of unaccountable oligarchs.

I recommend a purview of the book: New Views of the Constitution of the United States (John Taylor of Caroline, 1823, reprinted in 2000, Regnery Publishing)


3,660 posted on 02/06/2016 10:18:05 PM PST by WTFOVR (I find myself exclaiming that expression quite often these days!)
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