Friday, October 15, 2010

Stirring the pot here boss

A fine kettle!
Is it justice when you can guess the outcome?

AWK

This highlights the sorry-ass condition our justice system is in.  Last week when I read  Federal Judge George Steeh Rejects Challenge To Key Elements Of Health Care Law, I immediately and correctly guessed "Carter or Clinton" (it was Clinton who appointed him).  Yesterday, U.S. District Judge Roger Vinson allowed challenges in 20 states to go forward. Guessed Reagan or Bush?  Reagan. 

The Clinton judge used this reasoning in rejecting the challenge:
  • The Commerce Clause allows congress to regulate the act of not engaging in economic activity?  Arguing that a person can not guarantee that he or she won't do something?
The Reagan judge states:
  • "In this order, I have not attempted to determine whether the line between constitutional and extraconstitutional government has been crossed," Vinson, of the U.S. District Court for the Northern District of Florida, wrote in his ruling.I am only saying that ... the plaintiffs have at least stated a plausible claim that the line has been crossed."
You tell me who the asshat is here.  And it's predictable. Democrats have successfully politicized the federal courts, just as they have most state courts.  I can think of but two remedies. Well, three, but one is unthinkable in the USA.

10/15/2010 10:12:00 AM 4 Comments

"If the number of Islamic terror attacks continues at the current rate, candlelight vigils will soon be the number-one cause of global warming. "
Argus Hamilton


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4 comments:

Chuck Martel said...

If the Commerce Clause means Congress can regulate anything in interstate commerce, then that would mean Congress could regulate the sale and distribution of books, magazines and newspapers.

10/15/10, 10:50 AM
Anonymous said...

The Commerce Clause allows congress to regulate the act of not engaging in economic activity?
Yes. According to Wickard v. Filburn, the Supreme Court (led by FDR friend and liberal Felix Frankfurter) said a farmer growing enough wheat for his own use was influencing interstate commerce by not buying wheat for his own use. If he grew less wheat, he would have to buy wheat from others and that in turn might be from another state. Therefore the Federal Government regulating the amount of wheat a farmer could grow for his own use was Constitutional under the Commerce Clause. The subsequent growth of Federal bureaucracy and intrusion into our daily lives is the result of that decision.
Damn FDR and Frankfurter for caving to FDR.
Lt. Col. Gen. Tailgunner dick

10/15/10, 11:35 AM
DougM said...

LCGTGdick nailed it.
The Commerce Clause has been so corrupted by the courts and politics that it needs re-defining by a constitutional amendment.

I'll add a similar consideration re: the First.
According to current court thinking, the Post Office probably has the constitutional authority to ban sending Bibles through the US Mail. You know, religion and tax-supported facilities.

10/15/10, 9:04 PM
Anonymous said...

Back in the good old days, I made 10 cents an hour more than my friends who worked in gas stations and stores, because the .gov considers radio stations "interstate commerce." I thought that was pretty cool, even though the local AM station I DJ'd at couldn't be heard 20 miles down the road, much less "interstate." Of course, I was young then, and liberal.
MichigammeDave

10/16/10, 8:50 AM

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