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  • From: Clansgian AT wmconnect.com
  • To: homestead AT lists.ibiblio.org
  • Subject: Re: [Homestead] An article cheering the Supremes
  • Date: Wed, 6 Jul 2005 12:33:44 EDT



> The Constitution gives the Supreme Court the final say, whether anyone
> likes it or not. Nothing short of wholesale, violent revolution will change
> that. All this arguing about the Constitution is moot.

Discussing the Constitution is never moot. It's the place where changes
start.

The Constitution gives the Supreme Court final say on what is constitutional
and that's all. What's going on now with the SC is that it is functioning as
a third legislative body. In discussing possible replacements for O'Connor,
Joseph Biden was asked how would it be possible for the Democrats to invoke
their "extrodinary circumstances" to block a vote on Janice Rogers Brown when
they had already let her be confirmed to the appeals court. Biden's answer
is
very revealing - he said her appointment to the SC would be different
because
appeals court judges "don't get to make new laws." Even the senior senator
views the SC as a law making body which it clearly is not supposed to be.

The Supreme Court SHOULD have the final say ... on what is or is not
constitutional, and that is all. Unfortunately when some senators (and those
who
support them) say that they don't want an extreme idealog on the bench, they
mean
a Constitutionalist.

James




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