It looks like you're using an Ad Blocker.
Please white-list or disable AboveTopSecret.com in your ad-blocking tool.
Some features of ATS will be disabled while you continue to use an ad-blocker.
reply to post by beezzer
I do not deny that activism has invaded the court, but at the same time, that activism must have some legal backing or precedent. They cannot rely upon the Legislature's enjoyment of a fickle people or the Executive's command of the bully pulpit in their decisions. Otherwise they would be eaten alive in my estimation.
Even if we look at "controversial" rulings such as Citizen United or Kelo v. New London; the rulings might have satisfied a certain political leaning; but they were in no way activist. Even looking at the most recent "controversial" ruling of the Patient Protection and Affordability Care Act (aka "Obamacare"); the decision was sound. We may not have liked it, but find me how it was "activist"; even in the lauded Citizen United or Kelo cases...
You don't think Justice Kennedy's interpretation of Obamacare as a tax was activism?
The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
In a broader scope, I feel that 10th Amendment will be/has been infected with the same type of interpretation that has infected the courts towards a certain political ideology.
During the post-1937 era, the use of the Commerce Clause by Congress to authorize federal control of economic matters became effectively unlimited. Since the latter half of the Rehnquist Court era, Congressional use of the Commerce Clause has become slightly restricted again, being limited only to matters of trade (whether interstate or not) and production (whether commercial or not).
The Constitution authorizes Congress to “regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” ... [and] Congress may also “lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States.”
reply to post by ownbestenemy
Oh I see! Thanks for clearing that up!