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New Most important part.
Legislators should legislate.

This is the most fundadmental of his and my "strict" readers of the Constitution..and obviously something that a room full of lawyers and Judges are going to dispute.

Rules of precedent and other "legislation from the bench" are simply the way that one part of the government has found to circumvent the checks and balances written into the Constitution and will generally not meet with the favor of a man who thinks the document needs to be enforced >as written<.

Of course, the exec branch has found there ways around it..as has the legislative branch.

But Congress's job is to legislate. Noone else's.
If you push something hard enough, it will fall over. Fudd's First Law of Opposition

[link|mailto:bepatient@aol.com|BePatient]
New I agree with the theory
I agree fully with that in theory, I believe in a pretty strict and literal reading of the constitution.

The problem in practice with that is that most people that say they are strict constitutionalists ignore the 9th admendment. Just look at the endless arguments from strict constitutionalists that the right to privacy isn't mentioned in the constitution.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.


The people that wrote the Constitution and the first admendments where fully aware that no list could spell out all the rights of the people. Rather they wrote a document that gave certain powers to the government and said everything else is reserved to the people.

Unfortunatly, judges have been very unwilling to rule that the government has overstepped it's authority.

Jay
New I Call Fscking B.S. (new thread)
Created as new thread #196020 titled [link|/forums/render/content/show?contentid=196020|I Call Fscking B.S.]
bcnu,
Mikem

Eine Leute. Eine Welt. Ein F\ufffdhrer.
God Bless America.
     From the "You can learn something from everyone" bin. - (mmoffitt) - (24)
         Re: From the "You can learn something from everyone" bin. - (JayMehaffey) - (8)
             But if the RW is offense to the majority... - (mmoffitt) - (7)
                 Two main reasons - (JayMehaffey) - (6)
                     I used to think it was "a mistaken belief". - (mmoffitt) - (5)
                         Forcrissakes. - (imric) - (4)
                             Or that the election was about 'values'? -NT - (inthane-chan) - (1)
                                 Hey - having the US government in your pocket - (imric)
                             I have to agree with imric... - (Simon_Jester)
                             Right. 1% of those who voted. - (mmoffitt)
         I heard parts of it on CSPAN radio. - (Another Scott) - (3)
             Most important part. - (bepatient) - (2)
                 I agree with the theory - (JayMehaffey)
                 I Call Fscking B.S. (new thread) - (mmoffitt)
         Ignore, my post isn't worth the time -NT - (imric) - (1)
             Sorry, just had to. - (mmoffitt)
         OT: Hungry Ghosts - (Arkadiy) - (4)
             There's a lot of truth in that argument.... - (Simon_Jester) - (3)
                 Concur and well said tovarisch (Arkadiy). -NT - (mmoffitt)
                 "I have always maintained that human beings are the... - (inthane-chan)
                 Well, if you look a Marx's writings - (Arkadiy)
         "Phooey" on Scalia - (andread)
         Link to online version of discussion. - (mmoffitt)
         Their discussion had an impact on the 5:4 death penalty - (Another Scott) - (1)
             Scalia Rants! - (jb4)

If for no other reason that historical (hysterical?) context.
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