Quantum Windbag
Gold Member
- May 9, 2010
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- #61
The problem is that we have congress who thinks they can pass anything and that it is up to Supreme Court to rule.
That Fact is The Federal Congress should never pass anything that is in our Amendments period.
This doesnt make any sense.
But in an attempt to respond to this garbled nonsense, the problem is ignorant conservatives and partisan rightists who disdain the rule of law because the courts rule in a manner contrary to their subjective and errant political agenda; rather than working to understand and accept the Constitution and its case law, they instead seek to impugn the doctrines of judicial review and the interpretive authority of the Federal courts for some perceived political gain.
All acts of Congress are Constitutional until a Federal court, including the Supreme Court, rules otherwise (US v. Lopez (1995)). Although it is incumbent upon Congress to enact measures that comport with the Constitution, it is nonetheless at liberty to enact measures it considers both necessary and proper. The people, should they perceive acts of Congress offensive to the Constitution, are also at liberty to file suit in Federal court, and seek relief from government excess.
This is the fundamental nature and process of our government, exactly as the Framers intended it to work.
Which explains why a left leaning constitutional scholar that supports Obamacare is objecting to Obama's actions how?