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View Diary: Ayatollah Alito (11 comments)

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  •  You think Madison designed it this way? The ear... (0+ / 0-)

    You think Madison designed it this way? The early Court had the doubtful case rule and the political question doctrine, but Taney found a loophole on behalf of slavery/cotton. Closed by Lincoln but judicial supremacy survived, with Congress excepting appellate jurisdiction in ex Parte McCardle. It comes down to lose the planet or use the exceptions clause, and Dems so far choose lose the planet.

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