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10 most conservative Supreme Court Justices
San Antonio Express-News ^
| 04/30/2009
Posted on 05/01/2009 11:49:23 AM PDT by Responsibility2nd
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To: bone52
Scalia didn’t go to the promised land with his concurrence, but he took a big step in that direction in that he tied the doctrine back to the Constitution instead of leaving it hanging unattached.As near as I can tell all that does is let them keep right on using the commerce clause to destroy the boundaries between the state and local govenments while arguing they're actually complying with the original intent of power while doing it.
21
posted on
05/02/2009 4:31:32 AM PDT
by
tacticalogic
("Oh bother!" said Pooh, as he chambered his last round.)
To: bone52
On the other hand the majority relies on the fact that the limits of the commerce clause are defined by precedent. With this view the Court cannot get close to what Justice Story stated and what the original intent was.Even this seems to pay lip service to that idea by only going back to 1937.
22
posted on
05/02/2009 4:40:25 AM PDT
by
tacticalogic
("Oh bother!" said Pooh, as he chambered his last round.)
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