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View Diary: McCutcheon v FEC is like a legal ruling written by the ‘Little Mermaid’ (8 comments)

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  •  no there there, this leaves the court without its (1+ / 0-)
    Recommended by:
    Eric Nelson

    usual protection by the fawning legal profession and confused grass roots GOP voters, the judicial supremacist version of Katrina. Here the Court views Congress's Art. 1 Sec 4 and 5 power as if it were a conflict of interest. Far from beng  originalist. Roberts ignores Madison, the separation of powers and express text.

    The Court's appellate jurisdiction is largely by leave of Congress, as in ex Parte McCardle. Congress has a lot of weapons,  probably not necessary to pass a new super- McCain-Feinglold, just introduce it and educate the electorate to the concept that it can strip the Court's juridiction under the exceptions clause. If this does't produce a switch in time, then go ahead and protect Art. 1 by removing Court jurisdiction on this issue and voiding McCutcheon and the money is speech precedent. As Perot showed the GOP splinters on this issue, Dems running to restore democracy this year will win. GOP voters will not defend Roberts, much as they cut his client loose after Katrina.

    •  They won't run on that because they don't believe (4+ / 0-)
      Recommended by:
      Musial, Calamity Jean, Eric Nelson, VClib

      in it.

      I do think it is a winner, though, and would be happily surprised if it happened.

      Democracy - 1 person 1 vote. Free Markets - More dollars more power.

      by k9disc on Tue Apr 15, 2014 at 05:42:56 AM PDT

      [ Parent ]

      •  both parties vulnerable to a voter revolt, (2+ / 0-)
        Recommended by:
        Eric Nelson, k9disc

        since it's about enfranchisement, as Breyer says. Here the parties square off against the electorate, and the electorate has the upper hand if a voter movement intervenes.

        •  I agree with k9 - Dems don't believe that (0+ / 0-)

          Congress should strip the Court of its jurisdiction. The GOP never did that when they were dismayed by the actions of the Warren Court.

          "let's talk about that"

          by VClib on Tue Apr 15, 2014 at 10:29:51 PM PDT

          [ Parent ]

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