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To: FredZarguna

“So, YES, The Federal judiciary erred in 1914, and erred again in 1961. But the remedy was superior to the one that existed in the Common Law, and should have been in the Constitution to begin with.”

NO, it wasn’t; it has been part & parcell with denying the Constitution “we the people” adopted, and creating the tyranny of a judicial oligarchy that DENIES that our Constitution is, according to the Constitution, to be authored by “we the people”, not the judges. The slippery slope of that is WORSE than any supposed benevolence the judges think they are providing when they abrogate their Constitutional limits. The ends do not justify the means.


176 posted on 03/17/2014 9:05:40 PM PDT by Wuli
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To: Wuli
As I said, you and I will have to agree to disagree about the quality of remedy. The actual harm you're talking about, however, was not caused by the manufacture of the Exclusionary Rule, which is a very small part of judicial overreach.

That abuse began with John Marshall. Jefferson wanted to impeach, convict, and remove all of Adam's "Midnight Judges." I wish he had succeeded. But The Constitution's relegation to the role of a toy for the Federal judiciary precedes the overreach of the Exclusionary Rule by more than a century.

You want to talk about actual harm? Chief Justice Taney's overreach got 2% of the entire US population killed. Griswold v. Connecticut was a decision that led to a Holocaust. The creation of the Federal Exclusionary rule, or even its Incorporation is not very high on the list of usurped powers. John Robert's 0bamacare ruling is far worse. It turns the Congressional Power to tax into a plenary power -- completely the opposite of the plain wording in Article I of the Constitution. Liberals don't even need the abuse of the Commerce Clause anymore...

181 posted on 03/17/2014 9:38:06 PM PDT by FredZarguna (Das ist nicht nur nicht richtig, es ist nicht einmal falsch!)
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