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Thomas and Breyer’s ‘Stare’ Contest
Wall Street Journal ^ | May 22, 2019 | Myron Magnet

Posted on 05/23/2019 5:47:30 AM PDT by reaganaut1

At crucial junctures, the Supreme Court has twisted the Constitution that guarantees liberty toward government oppression.

Start with The Slaughter-House Cases (1873) and U.S. v. Cruikshank (1876), which blew away the protection of the Bill of Rights with which the 14th Amendment’s framers and ratifiers thought they had clothed freed slaves against depredations by state governments. The result was 90 years of Jim Crow tyranny in the South. “I have a personal interest in this,” Justice Thomas once said. “I lived under segregation.” He grew up in 1950s Savannah, Ga., where the law forbade him to drink out of this fountain or walk across that park. If the Fairness Party thinks Supreme Court distortions can twist only to the left, it should think again. Far better to stick to the original meaning, as Justice Thomas urges.

Look what happened when the court allowed Congress and the president to proliferate administrative agencies with no political accountability. The justices have “overseen and sanctioned the growth of an administrative system that concentrates the power to make laws and the power to enforce them in the hands of a vast and unaccountable administrative apparatus that finds no comfortable home in our constitutional structure,” Justice Thomas wrote in a 2015 opinion, the first of a series that argued for reining in the administrative state.

Such lawless power ends in tyranny, as in the case of Joseph Robertson. As these pages recently reported, the Montana rancher dug two ponds fed by a trickle that ran down his mountain acres, only to be prosecuted and imprisoned for polluting “navigable waterways,” as absurdly defined by bureaucrats at the Environmental Protection Agency.

Beginning with the Warren Court in the 1950s, bold and audacious justices began making up law out of the Constitution’s “emanations, formed by penumbras”—literally, gas and shadows.

(Excerpt) Read more at wsj.com ...


TOPICS: Constitution/Conservatism; Editorial
KEYWORDS: clarencethomas; robertscourt; scotus; staredecisis; stephenbreyer; supreme
Long live Clarence Thomas.
1 posted on 05/23/2019 5:47:30 AM PDT by reaganaut1
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To: reaganaut1

Long live Clarence Thomas.
**********************
Clone the man!


2 posted on 05/23/2019 5:50:20 AM PDT by House Atreides (Boycott the NFL 100% — PERMANENTLY)
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To: House Atreides

AMEN!!
Drives me nuts when Biden apologizes for his treatment of Anita Hill!
She was a tool the Demonrat party used to try to keep a true conservative off the SC, and her charge of sexual harassment against Clarence Thomas had not one iota of credibility!


3 posted on 05/23/2019 6:16:27 AM PDT by milagro (There is no peace in appeasement!)
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To: reaganaut1

AMEN!


4 posted on 05/23/2019 7:21:53 AM PDT by Blue Collar Christian (I'm a nationalist.I'm white.Does that mean I'm racist?)
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