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To: allmendream
Striking down a law as Unconstitutional is not legislating,

Incomplete. Striking down an unconstitutional law is not legislating. Striking down a constitutional law is legislating and there has been plenty of that.

9 posted on 03/01/2012 11:38:16 AM PST by jwalsh07
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To: jwalsh07
Legislating is writing laws.

Striking down a law isn't not legislative if you agree with the Court on the Constitutionality of the law - and legislative if you disagree.

Striking down a law is not writing a law. It is telling the Legislature (Congress) that “nice try, now back to the drawing board” - for CONGRESS to rewrite the law, or not, based upon the findings of the Court as to the troublesome aspects of the law.

10 posted on 03/01/2012 11:48:15 AM PST by allmendream (Tea Party did not send the GOP to D.C. to negotiate the terms of our surrender to socialism.)
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