pmalter0
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14 years ago @ Tenth Amendment Center - An Imperial Presidency... · 0 replies · +1 points
It is not an issue of being pro-Bush, but rather one of remembering history. When I was in college and law school in the 60s, we all stood up and cheered the playing of "Dixie" at our football games. I did not then, nor do I now, view that as being racist or bigoted, but rather one of simply remembering and honoring our history.
14 years ago @ Tenth Amendment Center - An Imperial Presidency... · 3 replies · +1 points
14 years ago @ Tenth Amendment Center - Who's Supreme? The Sup... · 1 reply · +1 points
It is the function of the courts to interpret the Constitution. Those interpretations are found in the "case law;" hence, the decisions of the Supreme Court, as found in its case law, can not be in violation of the Constitution
14 years ago @ Tenth Amendment Center - Who's Supreme? The Sup... · 2 replies · +1 points
14 years ago @ Tenth Amendment Center - Who's Supreme? The Sup... · 0 replies · +1 points
But none of that has anything to do with the issue: that during my 41 years of practice, I have found that conservative judges have been more likely to read language into or out of the Constitution than liberal judges. Although I do not like the reasoning of Wickard v. Filburn, I don't believe there was anything in that decision which violated the expressed language of the Constitution (moreover, it is a lot more than 41 years old), as there was in the issues I cited. If you know of any expressed constitutional language violated by liberal judges I would appreciate if you would cite it to me.
BTW, what I disliked most about the famous "conservative" judge Bork was his propensity to ignore the expressed language of the Constitution in favor of law created by the judges themselves.
The bottom line of my posts is that if the other posters want to avoid activist judges who violate the expressed language of the Constitution, they need to do more than simply look at the judges' politics.
14 years ago @ Tenth Amendment Center - Who's Supreme? The Sup... · 2 replies · +1 points
"The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State."
As you know, or should know, pursuant to the doctrine of "expressio unius est exclusio alterious" the inclusion of the words: "citizens of another State, or by citizens or subjects of any foreign state" means that citizens of the state at issue are Not prohibited from suing their own state. Nonetheless, these conservative judges completely ignored the expressed language of the Constitution.
Now, can you cite to me examples of "liberal" judges similarly violating the expressed language of the Constitution?
BTW, I'm not saying that liberal judges never do it; I'm just saying that during the years I've been practicing, the conservatives have been worst.
14 years ago @ Tenth Amendment Center - Who's Supreme? The Sup... · 2 replies · +1 points
14 years ago @ Tenth Amendment Center - Who's Supreme? The Sup... · 3 replies · +1 points