Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Huck
That is why I argue that the problem is structural--the Federal Judiciary is too powerful

"What is this power? It is the power to regulate, that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in Congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the Constitution." --Gibbons v. Ogden, 22 U.S. 1 (1824)
You're arguing that the "Federal Judiciary is too powerful" while simultaneously demanding that it usurp powers explicitly delegated to Congress. You're also implicitly calling for the Court to operate without the limitations on its appellate jurisdiction set out in the Constitution.
71 posted on 10/16/2009 10:29:42 AM PDT by Mojave (Don't blame me. I voted for McClintock.)
[ Post Reply | Private Reply | To 65 | View Replies ]


To: Mojave
You're arguing that the "Federal Judiciary is too powerful" while simultaneously demanding that it usurp powers explicitly delegated to Congress.

Incorrect. I'm demonstrating that the Court is not a reliable instrument for restraining the expansion of federal power; that in fact it is a consistent agent of federal expansion of power.

You are now begging the question of what power the commerce clause conferred on Congress. It apparantly doesn't mean what it meant. It means whatever you or the Court or Congress wants it to mean, and apparantly you're ok with that.

The commerce clause was understood to mean something specific and limited, not something universal and all-encompassing. The fact that you embrace such an absurd construction is telling.

76 posted on 10/16/2009 10:34:30 AM PDT by Huck ("He that lives on hope will die fasting"- Ben Franklin, Poor Richard's Almanac)
[ Post Reply | Private Reply | To 71 | View Replies ]

To: Mojave; Huck

>You’re arguing that
>You’re also implicitly calling for

Stop putting words into Huck’s mouth. We don’t need you to tell us what Huck just clearly said, in your own biased words, Mr. Spin Doctor.

The Courts’ job is to strike down unconstitutional laws.

The Courts have failed in their position of responsibility to exercise this power, in favor of judicial activism including legislating from the bench.

Didn’t you read Marbury v Madison in law school? Or was that before your time, Grandpa?


233 posted on 10/16/2009 8:52:15 PM PDT by Palin Republic (Palin - Bachmann 2012 : Girl Power!)
[ Post Reply | Private Reply | To 71 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson