What Congress does can be undone. Every two years you have a chance to change its composition. Simply elect sympathetic legislators and prove your case to the rest of us.
What unelected life-tenured federal judges and justices do on the other hand cannot be so easily undone. That's why the federal bench is supposed to stick to interpretation and let the people choose to undo through their legislatures what any particular judge or justice might think is an unwise or foolish law.
And, BTW, Congress isn't "usurping" any power of the federal courts when Congress debates and legislates. The fact that any informed American would think otherwise is an alarming indictment of lack of basic political awareness in out country.
I thought the purpose of the Constitution was to define what Congress can do and not do. You really should And, BTW, Congress isn't "usurping" any power of the federal courts when Congress debates and legislates. The fact that any informed American would think otherwise is an alarming indictment of lack of basic political awareness in out country.
I never said such. I am saying that Congress is usurping the powers of the states and the people as defined by the 10th Amendment. Congress and federal judges apparently have decided to work together to usurp power instead of acting as a check and balance on each other's powers.
The fact that so many so-called conservatives fail to comprehend federalism and applaud a ruling based on the worst of the New Deal SCOTUS decisions means this country is in even deeper doggie doo that I thought.
If that's all there is to it, then what was the point of having specifically enumerated powers granted to the federal government, and what purpose does the process of amendment serve?
The regulation of intrastate commerce by the federal government is extra constitutional and thus outside the bounds of the constitution and it should be struck down by the court.
But a preponderance of judges on the SCOTUS no longer use the constitution to limit the powers of the federal government. In fact they have used the courts to expand the power of the judiciary and in doing so they have simply fanned the flames of dissent in this country.
We should amend the Constitution to have an Interconstitutional Clause requiring courts to stay within those bounds subject to public flogging.
Your post makes me think that possibly this decision may have some unintended political consequenses by having many liberal drug supporters heading over to the libertarian party.
Mike