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Justice Stevens, ObamaCare, and the Constitution. Is federal power now unlimited?
The Christian Science Monitor ^ | April 12, 2010 | Roger Pilon

Posted on 04/12/2010 5:32:28 PM PDT by 2ndDivisionVet

With stormy midterm elections just ahead, and much of President Obama’s agenda still undone, the last thing congressional Democrats needed is the distraction of a difficult and protracted Supreme Court confirmation battle.

Yet that’s likely what’s in store after Friday’s announcement that Justice John Paul Stevens, the court’s liberal lion, is stepping down in late June. The party’s base, already disappointed with Mr. Obama, will doubtless press the president for a liberal replacement. But with the growing “tea party” movement raising long-ignored constitutional issues, even a moderate nominee will face questions congressional Democrats would rather leave buried.

Chief among those is that most basic question, brought to the fore by “ObamaCare”: Are there any longer any constitutional limits on federal power?

If Congress can reorder one-sixth of the nation’s economy, command states to establish insurance exchanges, and require individuals to buy insurance from private companies or face a tax, it would seem not. Yet the 19 states presently challenging such sweeping power will find little comfort in the decisions of Justice Stevens.

Coming of age during the New Deal, Stevens’s jurisprudence more often than not has reflected the dominant themes of that era: judicial deference to broad assertions of government power, especially over the economy, coupled with seemingly inconsistent assertions of judicial power to ignore the law in deference to “evolving social values,” all of which has given us modern “constitutional law” – not to be confused with the Constitution.

The Founders gave us a Constitution aimed at securing individual liberty through limited government, with most power resting in the states or, even more, in the private sector.

It wasn’t perfect, to be sure: In fact, it took a civil war to end slavery, and the Civil War Amendments to make the Bill of Rights good against the states.(continued)

(Excerpt) Read more at csmonitor.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Editorial; Front Page News; Politics/Elections
KEYWORDS: 111th; democrats; liberalfascism; obama; obamacare; scotus; socialisthealthcare; tyranny
Will November change anything or is a revolt or civil war on the horizon?
1 posted on 04/12/2010 5:32:28 PM PDT by 2ndDivisionVet
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To: 2ndDivisionVet

2 posted on 04/12/2010 5:37:31 PM PDT by BunnySlippers (I LOVE BULL MARKETS . . .)
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To: 2ndDivisionVet

I think the Dems pretty much proved they dont care about public opinion.

So I fully expect a very liberal appointment.


3 posted on 04/12/2010 5:38:14 PM PDT by jerry557
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To: 2ndDivisionVet

I think it is already on the horizon, and I think that it is only going to need a leader to step forward, and then its game on.


4 posted on 04/12/2010 5:39:52 PM PDT by Concho
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To: 2ndDivisionVet
They should ask...
5 posted on 04/12/2010 5:41:14 PM PDT by DannyTN
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To: 2ndDivisionVet

Don’t jump a step. It’s secession followed by what? War? DOn’t think the socialist have the Cajones. I would like to find out though.


6 posted on 04/12/2010 5:43:54 PM PDT by central_va ( http://www.15thvirginia.org)
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To: jerry557
“I think the Dems pretty much proved they dont care about public opinion.

So I fully expect a very liberal appointment.”

I'm sure it will be some black women he will appoint.
And the Repubs will scurry away like cockroaches when it comes time to ask questions. And the Repubs left to ask questions will do so hoping not to be called racists ... so ... their questions will go like: “What color curtains would you choose to adorn the windows of your new office?”

That will be the extent of it.

7 posted on 04/12/2010 5:49:05 PM PDT by CapnJack
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To: 2ndDivisionVet

The commie Stevens should have been impeached and removed 20 years ago. Half the black-robed commie clowns need to be removed when conservatives (I DIDN”T SAY REPUBLICANS!) take over.


8 posted on 04/12/2010 5:52:29 PM PDT by sergeantdave
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To: CapnJack
I'm sure it will be some black women he will appoint.

Maybe a black handicapped women who is also gay.

9 posted on 04/12/2010 5:54:59 PM PDT by central_va ( http://www.15thvirginia.org)
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To: central_va
“Maybe a black handicapped women who is also gay.”

That would be the Jackpot dream candidate for Zero.

The vote would be something like 98-0-2 with the 2 voting present. The the repubs would hide under their desks and disconnect the phones and suck their thumbs hoping that the base won't be mad at them.

10 posted on 04/12/2010 6:21:58 PM PDT by CapnJack
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To: DannyTN

The law in Hawaii says that anyone with a direct tangible interest can obtain the birth certificate of any person with a Hawaiian birth certificate. According to the Hawaii Dept of Health, wanting to make sure the president is constitutionally eligible to hold the office isn’t enough of a reason.


11 posted on 04/12/2010 6:31:43 PM PDT by Blood of Tyrants (The US will not die with a whimper. It will die with thundering applause from the left.)
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To: central_va

We need either a military leader to step forward to unite us, or/and some state governors to activate state militias and seize military installations within the states that secede. I have kin in Ft. Hood here in Texas, and they have told me that a full 90% of the military hates Zero


12 posted on 04/12/2010 6:38:44 PM PDT by Quickgun (As a former fetus, I'm opposed to abortion. Mamas don't let your cowboys grow up to be babies..)
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Comment #13 Removed by Moderator

To: central_va

And half Asian?

Hey, how about Tiger Woods!


14 posted on 04/12/2010 8:01:34 PM PDT by Pining_4_TX
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To: Quickgun
We need either a military leader to step forward to unite us, or/and some state governors to activate state militias and seize military installations within the states that secede.

Seceding is a luser play -- you concede the resources of the fedgov to the bad guys......

More better: Call a con-con and kick New England out of the Union. Then partition New York and throw downstate New York out of the Union, too.

If the Canadians are smart they won't touch those guys with a ten-foot pole. Make that a ten-meter pole.

15 posted on 04/12/2010 8:31:47 PM PDT by lentulusgracchus
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Comment #16 Removed by Moderator

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