By Dr. Ray Kessler, who is, incidentally, a retired Prof. of Criminal Justice, former defense attorney and prosecutor is your host. I am also a part-time instructor in Criminal Justice at Richland College, an outstanding, 2-year institution in Dallas, TX.
https://richlandcollege.edu/
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Tuesday, September 07, 2010
More evidence of the importance of ideology on the Supreme Court
IMHO it is naive to believe that most of the people on the Supreme Court are trying to be impartial judges. Most, IMHO, are ideologues. More evidence re this on selection of law clerks. LINK
Ray, I had hoped SCOTUS would be our safety net for constitutional transgressions like today's overreaching federal authority into states' domestic social affairs. Adding insult to injury is Obama's weak foreign relations and security posture. His administration has gone far too overboard trying to control the American economy while neglecting their primary duty of defending the union. I'm curious as to your thoughts regarding the state AGs Obama-care lawsuit in Florida's U.S. district court yesterday, September 14th?
44: Haven't seen any of the court papers, don't know much about the specific of Obama-care, and have just seen a few news articles. My INITIAL reaction is that the plaintiff's Commerce Clause, general federalism and individual rights/freedom of choice arguments are foreclosed by decades of Supreme Court caselaw (e.g. Helvering v. Davis, 1937). Just shooting from the hip at this point, the strongest argument for Plaintiffs may relate to forcing states to pay the additional medicare costs not covered by the feds. Making states pay for part of a federal program might fall within the Tenth Amendment rules of Printz v. U.S. (1997) and N.Y. v. U.S. (1992) which seem to say that the federal government cannot commandeer the states to assist in federal programs. WaddaUtink?
My problem with constitutional case law is its politically driven precedent. Sometimes it's best to return to basics, which is typically a conservative position. The center piece of the left's argument is cultural relativism. Although there is merit to this belief, the left all too often perverts this concept so as to fit their own social progressive agenda. And by doing so they corrupt the fundamental design of our union's founding principles.
Ray, I had hoped SCOTUS would be our safety net for constitutional transgressions like today's overreaching federal authority into states' domestic social affairs. Adding insult to injury is Obama's weak foreign relations and security posture. His administration has gone far too overboard trying to control the American economy while neglecting their primary duty of defending the union. I'm curious as to your thoughts regarding the state AGs Obama-care lawsuit in Florida's U.S. district court yesterday, September 14th?
ReplyDelete44:
ReplyDeleteHaven't seen any of the court papers, don't know much about the specific of Obama-care, and have just seen a few news articles. My INITIAL reaction is that the plaintiff's Commerce Clause, general federalism and individual rights/freedom of choice arguments are foreclosed by decades of Supreme Court caselaw (e.g. Helvering v. Davis, 1937). Just shooting from the hip at this point, the strongest argument for Plaintiffs may relate to forcing states to pay the additional medicare costs not covered by the feds. Making states pay for part of a federal program might fall within the Tenth Amendment rules of Printz v. U.S. (1997) and N.Y. v. U.S. (1992) which seem to say that the federal government cannot commandeer the states to assist in federal programs. WaddaUtink?
Sorry, I didn't know the response to 44 would come out as from "ANONYMOUS." I own up to it for better or worse.
ReplyDeleteRay Kessler
My problem with constitutional case law is its politically driven precedent. Sometimes it's best to return to basics, which is typically a conservative position. The center piece of the left's argument is cultural relativism. Although there is merit to this belief, the left all too often perverts this concept so as to fit their own social progressive agenda. And by doing so they corrupt the fundamental design of our union's founding principles.
ReplyDelete