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To: Torie
Putting aside the intrastate toad and bug for the time being, the cross state impact of what states due in our mobile intertweined, regulated and subsidized society is inescapable.

The cross-national impact of what countries do with their internal policies isn't exactly insignificant either. Does that mean you're advocating global government?

Either way, just push for an amendment if this is what you want. But it makes no sense for this author to call judges "activist" for applying the law as written.

16 posted on 07/03/2005 3:12:39 PM PDT by inquest (FTAA delenda est)
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To: inquest

Ya, activist is a short hand term here for one who wants to roll back the reach of the commerce clause. That is why I liked the article. I, as you notice, swing "left" on this one. One thing you think about when evaluating reversing an errant decision (again assumning that is what the FDR did for the sake of argument), and not following stare decisis, is the practical effect of doing so, how much society has come to rely on the precedent, and how accepted it is in the society at large. In this case, the eggs are scrambled, and unscrambling them would be at once highly disruptive and unwise.


19 posted on 07/03/2005 3:20:01 PM PDT by Torie (Constrain rogue state courts; repeal your state constitution)
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