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View Diary: Lochner v. New York: The precedent for enemies of the Healthcare Affordability Act? (55 comments)

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  •  Federalism gets bigger or smaller depending on (5+ / 0-)
    Recommended by:
    palantir, StrayCat, caul, FG, Betty Pinson

    what one wants.  For example, NRA wants to force the states to adopt national reciprocity for concealed handgun permits.  Where's the federalism there?  Or DOMA, which stripped from states their traditional role of defining marriage.

    If we go back to the Dredd Scott days, one sees that it was a deeply anti-state's rights decision.

    You have exactly 10 seconds to change that look of disgusting pity into one of enormous respect!

    by Cartoon Peril on Sun Mar 25, 2012 at 09:06:41 AM PDT

    [ Parent ]

    •  answers, respectively: (2+ / 0-)
      Recommended by:
      VClib, Jerry J

      Laws re guns are permissible under the 2nd and 14th amendments.  Re sons: it doesn't preclude states from defining marriage, it only controls for federal statutes.  The other section codified the longstanding public policy exception to full faith & credit.

    •  "Federalism" doesn't get bigger or smaller (3+ / 0-)
      Recommended by:
      Cartoon Peril, StrayCat, caul

      What changes is the proportion of power held by the states in relation to the federal government and vice versa.

      More to the point of your diary, perhaps the most important part of it, to my mind, is how you correctly describe the laissez faire days of the Supreme Court as "judicial activism."  You could toss in "will of the people" to add to the right's use of language to twist reality into what they want it to be.

      Take my vote for granted at your peril.

      by VetGrl on Sun Mar 25, 2012 at 12:21:07 PM PDT

      [ Parent ]

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