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View Diary: The contorted contours of Congressional power according to the radical Roberts Court (197 comments)

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  •  This Court? (1+ / 0-)
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    Any Supreme Court?

    This post is about the Commerce and Necessary and Proper power.

    The Lochner Era was radically conservative by any standard.

    As a more general matter, there is a lot of merit to the Beard argument for an "Economic Interpretation of the Constitution: though their factual argument was certainly not the best.

    •  Response (3+ / 0-)
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      eglantine, wsexson, Nisi Prius

      (1) "Court" for me really starts since the conservative packing began in the 70s of the federal bench, and working its way up the the S.Ct. both throughout the 80s until now. I am not interested in any particular clause or doctrine because I don't think it matters to the Conservatives other than in getting what they want, which is servicing corporate interest.

      (2)  There is already an economic interpretation. It just happens to be a Conservative one. The only ones playing at that not being the truth are Liberals, who seem in a permanent state of denial and then surprise followed by more denial.

      In part because Liberals are trying to accommodate Conservatives rather than defeat them.

      (3) An economic interpretation would have been necessary to defeating the Conservatives. When I discussed this with Adam B after Citizen United came out. I made the point then, and I will make it now, if the Equal Protection Clause were seen as an instrument for economic justice rather than identity, it would have been a strong weapon against the ruling in that case.

    •  Once you make them about more than enumerated (1+ / 0-)
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      powers, you can justify anything, if it's for the "good of the people".

      This post is about the Commerce and Necessary and Proper power.

      [T]here is no more dangerous experiment than that of undertaking to be one thing before a man's face and another behind his back. - Robert E. Lee

      by SpamNunn on Sun Apr 15, 2012 at 10:40:07 AM PDT

      [ Parent ]

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