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View Diary: Surrender Dems (442 comments)

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  •  That may be literally true, (none)
    But is wrong in the context of Republican politics. Remember, the letter and intent of law are one thing; their application and evolution within the political spectrum is something else entirely.

    Benjamin Wittes, an editor for the Washington Post and a top constitutional scholar, wrote an excellent analysis on this earlier this year.

    Far better than I could do, but the nation's top enviro attorneys (the ones who I know, anyway) think he's spot on.

    Wittes is less concerned about civil rights than others; will post links to those analyses if I have time.

    I am the federal government.

    by mateosf on Wed Sep 21, 2005 at 10:55:42 AM PDT

    [ Parent ]

    •  Great article. (none)
      What I personally wish for is Liberal judges who will still take a reasonably strict view of the commerce clause.

      I've gotta say that the recent ruling against medical marijuana really pissed me off. And I've never used marijuana, medicinally or otherwise.

      When a judge rules that rape can be federally regulated due to the commerce clause, it really is hard to argue that the judge is not being an activist.

      On the other hand, I can't believe that conservative judges would rule that the 11th ammendment precludes a citizen from suing his own state. The ammendment's language is clear, as is the history behind it. It prevents a citizen of a state from suing ANOTHER state in Federal Court. What's so complicated about that?

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