Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: A Strict Constructionist
It is amazing to me that these types or laws are never declared unconstitutional by liberal judges. Wonder why?

Becaue they don't want people like us complaining about activist judges striking down laws that were duly passed and signed into law by our elected representatives?

Question: Once you accept the proposition that the Commerce Clause gives Congress the authority to legislate in any area that arguably has an impact upon interstate commerce (the SCOTUS has taken that position for at least the last 70 years), then why is the Americans with Disability Act unconstitutional? The ADA may be stupid and unwise, but that's not the test for determining whether a law is unconstitutional.

33 posted on 04/19/2007 7:27:32 AM PDT by Labyrinthos
[ Post Reply | Private Reply | To 32 | View Replies ]


To: Labyrinthos

“Once you accept the proposition that the Commerce Clause gives Congress the authority to legislate”

I don’t accept that proposition. But I like tilting at windmills.


39 posted on 04/19/2007 12:01:05 PM PDT by A Strict Constructionist (Nobles Oblige, BS, Well take care of it ourselves!)
[ Post Reply | Private Reply | To 33 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson