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To: tacticalogic

Stare decisis was a recognized principle of judicial reasoning at the time of the Convention and when the Bill of Rights was drafted. The Tenth Amendment did not address stare decisis.


616 posted on 04/18/2010 3:28:21 PM PDT by Rockingham
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To: Rockingham
In Raisch, Scalia put lipstick on a pig.

The lipstick is stare decisis. The pig is the substantial effects doctrine.

You say it has lipstick.

I say it's a pig.

You ask why I don't like lipstick.

It's not about the lipstick, it's about the pig.

617 posted on 04/18/2010 3:42:40 PM PDT by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
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