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To: altsehastiin
On a more basic level, you complain about the Constitution making the Court superior to Congress in some cases, then complain about the Court NOT reining in Congress’ expansive view of its own powers under the commerce clause in Raich.

That's incorrect. Nowhere in this essay do I even mention Congress. The expansive view of the commerce clause derives from the Supreme Court. Congress is the happy benefactor of this jurisprudence, but the Constitution does not empower them to decide such cases. That power belongs to the Federal Judiciary.

What do you want, exactly?

I want a better system of government. To that end, I am first examining the defects in the current system, just as the framers first examined the defects in theirs. In this essay, I am discussing the defects of Article 3, and demonstrating the results of the defects.

I mention at the end of the essay that the question of what to do instead of what we have remains an unanswered question. I hope to address it in the future, but I must complete my autopsy of the Constitution first.

42 posted on 10/16/2009 9:33:37 AM PDT by Huck ("He that lives on hope will die fasting"- Ben Franklin, Poor Richard's Almanac)
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To: Huck
-- The expansive view of the commerce clause derives from the Supreme Court. --

The expansive view started elsewhere, in particular with the president and Congress. Get rid of SCOTUS, and the president and Congress will retain the same illegitimate, expansive views of their own power.

The power of government lies, in large part, with the public's acceptance of the government as legitimate. My personal point of view is to take as illegitimate, decisions and assertions of force that are based on demonstrable fiction. I think the bulk of the federal government is illegitimate.

47 posted on 10/16/2009 9:48:50 AM PDT by Cboldt
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