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View Diary: SCOTUS: Your One Question To Bush's Nominee(s)? (25 comments)

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  •  Do you believe (none)
    that Brown v. Board of Education was correctly decided?

    Seriously, that might weed some people out.

    Do you believe that West Coast Hotel v. Parrish (overruling Lochner v. New York, and thus making the New Deal possible), was correctly decided?  

    Do you believe that Congress has the power under the Commerce Clause to ban child labor?  To ban child pornography?

    Do you accept the constitutional rationale of cases such as Duncan v. Louisiana, Cantwell v. Connecticut, or Gideon v. Wainright, under which the Fourteenth Amendment's Due Process Clause incorporates Bill of Rights protections and causes them to apply against the states?  

    Join the American Constitution Society for Law and Policy --

    by yella dawg dem on Sun Jul 10, 2005 at 11:12:25 AM PDT

    •  well, *I* am not sure (none)
      If the Constitution allows the federal government to criminalize the possession of "home-made" obscenity which never crosses state lines.  Link.

      "Any content-based regulation of the Internet, no matter how benign the purpose, could burn the global village to roast the pig." -- ACLU v Reno (E.D. Pa. 1996)

      by Adam B on Sun Jul 10, 2005 at 11:20:33 AM PDT

      [ Parent ]

      •  Perhaps correct as to mere possession (none)
        but I'm content if they would uphold such a statute with a "jurisdictional element."  What I'm getting at doesn't really have anything to do with child pornography as such.  It has to do with the desire among many on the right to overturn Wickard v. Filburn and thus, a few years down the road, limit Congress's power to use the Commerce Clause to protect environmental quality or civil rights.

        Join the American Constitution Society for Law and Policy --

        by yella dawg dem on Sun Jul 10, 2005 at 11:36:39 AM PDT

        [ Parent ]

    •  Bush v. Gore (none)
      Was Bush v. Gore correctly decided?

      Does SCOTUS have the power to make a "one time" decision?

      Rrrrrringgg... Time to change the government.

      by Carl Nyberg on Sun Jul 10, 2005 at 11:36:13 AM PDT

      [ Parent ]

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