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"That's why there's a difference between the Constitution and constitutional law: As originalists know, the former is constant, while the latter can (and in the case of McCain-Feingold, eventually will) be overturned."
1 posted on 06/06/2005 3:05:37 PM PDT by CHARLITE
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To: CHARLITE

Wow! I sure to agree with that.


2 posted on 06/06/2005 3:13:30 PM PDT by CyberAnt (President Bush: "America is the greatest nation on the face of the earth")
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To: CHARLITE

He's really fantastic.


3 posted on 06/06/2005 3:16:27 PM PDT by The Ghost of FReepers Past (Legislatures are so outdated. If you want real political victory, take your issue to court.)
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To: CHARLITE
President (and principal author of the Constutition) James Madison:
"The legislative powers vested in Congress are specified and enumerated in the eighth section of the first article of the Constitution, and it does not appear that the power proposed to be exercised by the bill is among the enumerated powers, or that it falls by any just interpretation with the power to make laws necessary and proper for carrying into execution those or other powers vested by the Constitution in the Government of the United States.

"The power to regulate commerce among the several States" can not include a power to construct roads and canals, and to improve the navigation of water courses in order to facilitate, promote, and secure such commerce with a latitude of construction departing from the ordinary import of the terms strengthened by the known inconveniences which doubtless led to the grant of this remedial power to Congress.

To refer the power in question to the clause "to provide for common defense and general welfare" would be contrary to the established and consistent rules of interpretation, as rendering the special and careful enumeration of powers which follow the clause nugatory and improper. Such a view of the Constitution would have the effect of giving to Congress a general power of legislation instead of the defined and limited one hitherto understood to belong to them, the terms "common defense and general welfare" embracing every object and act within the purview of a legislative trust. It would have the effect of subjecting both the Constitution and laws of the several States in all cases not specifically exempted to be superseded by laws of Congress, it being expressly declared "that the Constitution of the United States and laws made in pursuance thereof shall be the supreme law of the land, and the judges of every state shall be bound thereby, anything in the constitution or laws of any State to the contrary notwithstanding." Such a view of the Constitution, finally, would have the effect of excluding the judicial authority of the United States from its participation in guarding the boundary between the legislative powers of the General and the State Governments, inasmuch as questions relating to the general welfare, being questions of policy and expediency, are unsusceptible of judicial cognizance and decision."


4 posted on 06/06/2005 3:28:17 PM PDT by sourcery ("Compelling State Interest" is the refuge of judicial activist traitors against the Constitution)
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To: CHARLITE
"Roe v. Wade."

That 1973 decision was certainly an extreme example of judicial revision of our Constitution. The judges wanted to reach a particular political outcome, so they simply pretended to ground their decision in our founding document. They used a nonconstitutional "right to privacy" to create a "right" to abortion on demand."

Mr. Meese I have read Roe v. Wade several times.

Yes, it is true that the "judges wanted to reach a particular outcome," but it was not determined from an "unconstitutional right to privacy."

Amendment IX

The enumeration in the Constitution of certain rights, shall not be construed to DENY OR DISPARAGE others (rights) retained by the people.

A right to privacy is surely a right "retained by the people."

What legalized abortion on demand emanating from the Roe v. Wade decision was the Court's arbitrary decision of when a fetus has the "right to privacy" as well.

The fetus, in the Court's view and decision, is not a human being until "viability," which is the utter folly and manufactured stupidity of the decision.

Thus, a fetus is rendered to nothing more than tissue in a woman's body such as a kidney or an eye, in which the "right to privacy" allows for her control of that tissue.

We all have the "right to privacy" to control our own bodies, no can deny that contention. The "right to privacy" was acknowledged 10 years prior to Roe v. Wade.

If a fetus was declared a human being, at conception for example, Roe v. Wade would be superfluous and moot.

And then the law could save babies again.

6 posted on 06/06/2005 3:59:11 PM PDT by tahiti
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To: CHARLITE

Good. I hope they do return to founders' intent. They can start by killing the "patriot" act. All federal gun laws are be definition unconstitutional as well. As is the war on drugs.


8 posted on 06/06/2005 4:43:11 PM PDT by mysterio
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To: CHARLITE

What? Turn out the winners of the great Jefferson Democrat Revolution?


11 posted on 06/06/2005 4:53:37 PM PDT by RightWhale (Final notice)
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To: CHARLITE

Thanks to pioneers like Mr. Meese, who set the trail markers in hostile territory, we have more than just hope today of recovering the great efforts of the founding generations and making them vital again. Hooray!


15 posted on 06/06/2005 5:22:19 PM PDT by bvw
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