FR: Never Accept the Premise of Your Opponent’s Argument
Every judge in the country should always first check if an action or law of the unconstitutionally big (hint) federal government is reasonably justifiable under one of Congress’s constitutionally enumerated powers, Congress’s Article I, Section 8-limited powers a good place to start.
”From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added].” —United States v. Butler, 1936.
In this case, the only age-related right affecting all citizens that the states have amended the Constitution to expressly protect deals only with voting rights issues, evidenced by the 19th Amendment.
"19th Amendment:
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.Congress shall have power to enforce this article by appropriate legislation [emphasis added]."
But since the referenced case clearly does not deal with voting rights issues, Congress has no express power to deal with the kind of age discrimination presented by this case. So we’re back to prohibited federal government powers clarified in the Butler excerpt above imo.
In other words, President Lyndon B. Johnson probably should never have signed the constitutionally indefensible, Democratic vote-winning Age Discrimination in Employment Act into law imo.
So with all due respect to Justice Roberts, if he wants to find something unconstitutional, then he should consider that school children who are up to speed with the significance of constitutionally enumerated rights might point out that frivolous court cases in the queue are probably compromising the 6th Amendment-protected right to a speedy trial for other cases in the queue.
Corrections, insights welcome.
Remember in November!
MAGA! Now KAGA! (Keep America Great Always!)
Actually, it’s the 26th Amendment that deals with age.