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  •  I agree (4.00)
    Tell that to Scalia as he keeps putting States rights in those words in all number of ways that are complete bullshit.

    The SCOTUS is extraordinary.

    by Armando on Wed Jan 04, 2006 at 01:55:19 PM PST

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    •  he doesnt base it on the 10th, (none)
      but on the enumerated powers of the Federal government.  Those powers are not unlimited you know.
      •  Except the powers of the President... (none)
        ...in war time, right?  Those are unlimited.  At least when a Republican is in office.  Right?

        "... the Republicans have fucked reality so hard they need a physics professor to straighten them out." -- hamletta

        by manyoso on Wed Jan 04, 2006 at 03:52:09 PM PST

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        •  No, not right (none)
          But if my memory serves me right, it was Truman (D) and FDR (D) who claimed unlimited power to seize property and intern minorities during wartime respectively.
          •  And Truman was shot down (none)
            ... and thank god he was. By an unanimous court that said he had to follow the law.  BTW, many (R)'s were rightly opposed to Truman's power grab.  But, then, he was not a (R).  No doubt the hypocritical bastards would be doing the same if it were Hillary in office right now.

            "... the Republicans have fucked reality so hard they need a physics professor to straighten them out." -- hamletta

            by manyoso on Wed Jan 04, 2006 at 05:05:06 PM PST

            [ Parent ]

            •  Indeed (none)
              Let's wait and see until some of Bush's grabs are challenged in courts.  Hopefully he will be similarly shut down where he overreached.

              As a side note, the Court wasnt unanimous.  It was 6-3.

              •  Brilliant (none)
                You're in the legal profession and you make this statement:

                Let's wait and see until some of Bush's grabs are challenged in courts.  Hopefully he will be similarly shut down where he overreached.

                Are you fucking kidding me?   Let's wait and see until some of Bush's grabs are challenged in courts?

                Uhhh have you been living under a rock for the last few years?   Bush's power grabs have been challenged in courts more times than I can count and it has achieved virtually nothing....legally OR politically.  

                George W. Bush, Resign NOW.

                by tlh lib on Wed Jan 04, 2006 at 09:58:59 PM PST

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          •  Wrong again (none)
            FDR acted pursuant to Congressional act.

            The SCOTUS is extraordinary.

            by Armando on Wed Jan 04, 2006 at 07:30:14 PM PST

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            •  Congress authorized internment? (none)
              I don;t recall that.  I may be wrong, and will freely admit that if you cite the Act, but I don;t recall there being congressional authorization for internment.
              •  Armando didn't say that (none)
                He said that FDR acted pursuant to Congressional Act.

                He is correct that FDR used that rationale for his act (albeit eerily reminiscent of another president's rationale for illegally spying on U.S. citizens).

                EXECUTIVE ORDER 9066

                February 19, 1942  

                Whereas, the successful prosecution of the war requires every possible protection against espionage and against sabotage to national-defense material, national-defense premises and national defense utilities as defined in Section 4, Act of April 20, 1918, 40 Stat. 533, as amended by the Act of November 30, 1940, 54 Stat. 1220. and the Act of August 21, 1941, 55 Stat. 655 (U.S.C.01 Title 50, Sec. 104):

                link

                George W. Bush, Resign NOW.

                by tlh lib on Wed Jan 04, 2006 at 10:08:44 PM PST

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              •  Read Korematsu (none)
                You might learn something.

                The SCOTUS is extraordinary.

                by Armando on Thu Jan 05, 2006 at 05:28:50 PM PST

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      •  He doesn't? (none)
        You are an idiot for saying that.

        You simply do not know what you are talking about.

        What a revealing statement from you. You simply are ignorant in the area of federalism jurisprudence.

        The SCOTUS is extraordinary.

        by Armando on Wed Jan 04, 2006 at 07:15:00 PM PST

        [ Parent ]

      •  Have you ever read Printz? (none)

        The SCOTUS is extraordinary.

        by Armando on Wed Jan 04, 2006 at 07:27:50 PM PST

        [ Parent ]

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