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To: Ed Current
Suppose H. R. 3920 had been in effect. The President could refuse to enforce SCOTUS opinion without fear of impeachment/removal, since 2/3 of Congress agreed with him. H.R. 3920 is an insurance policy for the President.

In this case, it would have been an insurance policy for Bill Clinton, and a victory for a liberal agenda. This is a two-edged sword, and I find the idea that "political conservatives" are so quick to alter a fundamental balance of power for some short term objectives rather odd.

30 posted on 12/22/2004 4:43:46 PM PST by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
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To: tacticalogic

This is a two-edged sword, and I find the idea that "political conservatives" are so quick to alter a fundamental balance of power for some short term objectives rather odd.

 As explained in post #1, there isn't any balance of power. SCOTUS has assumed it all.

AEI - Publications Beneath the Supreme Court's many astounding decisions in its 2002-2003 term, and the shifting judicial coalitions that produced those results, runs a unifying basso continuo: Constitutional law, in the sense of judicial decisions that are guided--at least in aspiration--by the text, structure, and logic of the written Constitution, is dead. It has been replaced, often as a matter of explicit doctrine, with subjective judicial impressions of popular sentiment or political utility. Federalist Outlook, The Term the Constitution Died, Michael S. Greve,Friday, July 25, 2003

 

 

32 posted on 12/22/2004 4:52:10 PM PST by Ed Current (U.S. Constitution, Article 3 has no constituency to break federal judicial tyranny)
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