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To: Publius Valerius
Oh, I don't know...Scalia has a point in that you can't just--all of a sudden--upset the constitutional law apple cart and then expect to carry on as if nothing happened.

I don't agree. When a decision like Wickard v. Filburn, which gave the federal government unlimited power, is a continuing evil it must be overturned. One need only to think of Plessy v. Ferguson and later Brown v. Board of Ed. to be reminded of how SCOTUS has done a 180 to correct a previous wrong. That decision was certainly more politically hot than this one and the country survived.

64 posted on 06/06/2005 4:09:17 PM PDT by Straight Vermonter (John 6: 51-58)
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To: Straight Vermonter

It's funny that you mention Brown to "correct" an evil--I don't think Brown is on very solid legal footing at all. There is no question that the Fourteenth Amendment was not intended to prohibit segregated schools. I think Brown is a classic example of the Court overstepping its authority to make a moral decision. I would point to Brown as judicial activism writ large--decidedly NOT the course I think most of us would like the court to follow.

You say that the country survived Brown, but I don't think judicial review did.


104 posted on 06/07/2005 8:21:08 AM PDT by Publius Valerius
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