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To: tpaine
Short and eye-opening read that you may be interested in.

How stare decisis Subverts the Law

...It is difficult to estimate how many unconstitutional legislative provisions are adopted each year by Congress, but a plausible number is more than 20,000, or about as many as the number of bills introduced each year. There is simply no way that the federal courts can handle all the cases that might arise under that many provisions. They are almost forced to rely on the presumption of constitutionality of statutes, but members of Congress are increasingly reluctant to restrain themselves from adopting legislation they know to be unconstitutional, but which is supported by some of their constituents, and passing the duty to the federal courts of striking legislation that should never have been passed in the first place.


503 posted on 11/27/2006 2:12:16 PM PST by Zon (Honesty outlives the lie, spin and deception -- It always has -- It always will.)
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To: Zon
"-- They are almost forced to rely on the presumption of constitutionality of statutes, but members of Congress are increasingly reluctant to restrain themselves from adopting legislation they know to be unconstitutional, but which is supported by some of their constituents, --"

Yep, Congress is used to assuming that the majority vote that puts them in office means that a 'majority will' backs their 'legislation', constitutional or not.

Sad to say, but it nearly is 'time' as Claire Wolfe put it..



The Role of a Majority Vote in a Free Society
Address:http://www.freerepublic.com/focus/f-news/1744214/posts
505 posted on 11/27/2006 2:52:45 PM PST by tpaine (" My most important function on the Supreme Court is to tell the majority to take a walk." -Scalia)
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