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To: Amendment10
"The bottom line is that you need to question all Supreme Court decisions made after FDR "nuked" the Supreme Court with activist justices,"

I could waste my time questioning it. But it would do no good. It's settled law, and new supreme court justices are not going to overturn it.

You can overturn the minimum wage laws just by getting congress and a president to agree to repeal the FLSA. But it's been 70 years and nobody even talks about repealing it. The talk is all about whether or not they should increase it.

Even conservative justices wouldn't overturn it, because there is simply too many federal programs that are outside of the enumerated powers listed in the 10th. The impact on the country would be too large.

If you want to restore the enumerated powers, you have to eviscerate the commerce clause. But no justice would support your cause unless you came up with a plan for all of the programs that are outside the 10th. You'd have to have legislation that specifically addresses each program and either grants federal authority to continue or provides a plan to delegate it to the states.

That's the only way you'd ever get even a bench full of ultra conservative justices to overturn the precedents that have been set. Until you do that, you're just so much noise on the wind.

You're hoping the 10th will limit the Federal government the way you want. But your complaint without a plan is not viable, and never will be. So you're just wasting people's time.

18 posted on 04/28/2014 5:40:05 PM PDT by DannyTN
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To: DannyTN; All
It's settled law, and new supreme court justices are not going to overturn it.

You seem to not understand the difference between legislative and judicial powers.

19 posted on 04/28/2014 9:32:39 PM PDT by Amendment10
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