This comment appears in Red State’s comment section:
One congress cannot bind another. This really doesn’t matter. The problem will be just repealing the thing period, even under the simple, traditional filibuster.
Brad Smith
Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law
Capital University Law School
Capital University website
Center for Competitive Politics website
Not sure if he’s right, however.
Thanks Daisyjane. I remember Slick Willie pushed through a retroactive tax increase early in his first term. That was clearly Unconstitutional but, as well as I remember, everyone except a few conservatives just shrugged and let it go.
Ever since FDR the Left (Democrats) has been trying to stack the Supreme Court to their advantage while the conservative Republicans have insisted on those who would simply do common sense interpretations of the Constitution. The reason is the Left intends to simply ignore the Constitution and do things any way they want.
This may be an example.