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To: volunbeer
to my fervent wish and desire for your suggestion that is constitutionally viable (until SCOTUS says it’s not).

Following original intent, it isn't us to SCOTUS to make that decision.

However true, therefore, it may be, that the judicial department is, in all questions submitted to it by the forms of the Constitution, to decide in the last resort, this resort must necessarily be deemed the last in relation to the authorities of the other departments of the government; not in relation to the rights of the parties to the constitutional compact, from which the judicial, as well as the other departments, hold their delegated trusts. On any other hypothesis, the delegation of judicial power would annul the authority delegating it; and the concurrence of this department with the others in usurped powers, might subvert forever, and beyond the possible reach of any rightful remedy, the very Constitution which all were instituted to preserve.
James Madison, Report on the Virginia Resolutions

According to the man who wrote it, anyway.

22 posted on 04/14/2012 11:42:16 AM PDT by MamaTexan (I am a ~Person~ as created by the Law of Nature, not a 'person' as created by the laws of Man)
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To: MamaTexan

You are correct when you read it literally, it is not the decision of SCOTUS. Perhaps, they would read it that way or they could act as an activist court. SCOTUS has ruled enough against states already to give me confidence that they would again.

For the record, I find the 10th amendment to be one of the most important. As long as we continue to overlook it, it will be difficult if not impossible to rein in the Federal government. The shift following the Civil War was a fundamental change in our nation and the courts have played a role.

The Federal government, including the courts, is practically divorced from the founders intent and they have repeatedly demonstrated that they will run over any state no matter what it’s citizens want. There is no reason to think a radical Obama court would not play right along with the progressive agenda.... constitution be damned.


30 posted on 04/14/2012 1:12:32 PM PDT by volunbeer (Don't worry America, our kids can pay for it!)
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