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To: OldDeckHand

In your opinion, is this Constitutional, or can SCOTUS kill it? I know it would just be opinion because everything is just speculation at this point. Just trying to sleep tonight. :)


152 posted on 03/14/2010 9:17:56 PM PDT by mplsconservative (0bama = Epic Fail)
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To: mplsconservative
"In your opinion, is this Constitutional, or can SCOTUS kill it? I know it would just be opinion because everything is just speculation at this point. Just trying to sleep tonight. :)"

Let's divide it (by it, I mean the legislation itself) from the process. The legislation (once and IF enacted) will certainly face Constitutional challenges, many of which - IMHO - are very likely to prevail given the current makeup of the court. Some things in this bill are plainly unconstitutional.

The process in which this is actually passed, is an entirely separate matter. The Judiciary is HIGHLY RELUCTANT to interject themselves into matters involving the internal workings of the Congress. There is some indirect precedent, namely Powell v McCormack, but nothing has ever been entertained on a question of pure parliamentary procedure. While it's possible the Supremes would hear such a challenge, I think it's probably unlikely.

173 posted on 03/14/2010 9:26:48 PM PDT by OldDeckHand
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