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To: Dead Corpse

The federal judiciary interprets the meaning of the Constitution, and when that reaches the SCOTUS, the decisions are final. SCOTUS decisions, in short, have all the same power as Constitutional text. That IS how it was written, sadly.


43 posted on 01/26/2011 1:42:24 PM PST by Huck (The antifederalists were right.)
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To: Huck
The SCOTUS cannot legislate from the bench. That is not a power reserved to them. Changing the express language of a clause or law is doing exactly that.

Marbury. Wickard. Miller. Roe. Raich. Kelo... They all stack up to tear our Republic down.

That isn't how it is written, but it is how it is. This needs to change and it starts with stuff like the States making the attempt.

53 posted on 01/26/2011 2:11:50 PM PST by Dead Corpse (III%. The last line in the sand)
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To: Huck
"The federal judiciary interprets the meaning of the Constitution, and when that reaches the SCOTUS, the decisions are final.

Oh they're final all right, but how will nine old lawyers enforce their decisions when a majority of the State governments ignore them? The Federal government, as powerful as it has become, is still an 'invention' of the States. It was devised to aid the states in their various interstate actions and to facilitate international affairs. Once the federal government steps outside those restraints it also leaves the protective embrace of the Constitution. One must remember that the Constitution is a two-way street which both the States and the Federal government must adhere too or it will become a double-edged sword. As powerful as we have allowed the SCOTUS to become we have to remember that the final power still remains with the people. Let us all pray that the various branches of the Federal leviathan understand this before they have to be shown. None of us will like that.

89 posted on 01/31/2011 7:09:36 AM PST by oldfart (Obama nation = abomination. Think about it!)
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