Free Republic
Browse · Search
Smoky Backroom
Topics · Post Article

To: Recovering_Democrat
You are wrong.

"Section 2. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution."

All cases arising under the Constitution.

2,010 posted on 12/21/2005 3:03:38 PM PST by Luis Gonzalez (Some people see the world as they would want it to be, effective people see the world as it is.)
[ Post Reply | Private Reply | To 2008 | View Replies ]


To: Luis Gonzalez
Let's not ignore the entire 10th amendment. “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

I think the people had a right to sue, of course. But the judge should not have intruded himself into deciding curriculum. Nothing now prohibits another judge from deciding curriculum.

My opinion differs from the judge, and the judge unfortunately decided to stick his nose into the decision of local school boards.

I think that is an abuse of judicial power. He has no Constitutional right to do that, in my opinion. The determinative factor is that the Constitution does not give such powers to them.

The Constitution does not give powers of curriculum choices to the federal government. The Constitution specifically PROHIBITS the powers of the feds.

If you want to use "all cases...arising under this Constitution" down to local districts, you're shredding the 10th Amendment.

2,050 posted on 12/21/2005 6:16:19 PM PST by Recovering_Democrat (I am SO glad to no longer be associated with the party of Dependence on Government!)
[ Post Reply | Private Reply | To 2010 | View Replies ]

Free Republic
Browse · Search
Smoky Backroom
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson