Skip to main content

View Diary: Obama change the direction of the Supreme Court? Unlikely. (128 comments)

Comment Preferences

  •  Very easy... (0+ / 0-)

     Remember the so-called "Right to Contract" or "Dual Federalism" concepts  the Supreme Court upheld from the early 30's & prior? It completely crippled the Federal or State Governments from regulating buisnesses even to the point of ruling unconstitutional child labor laws & such.
      We certainly don't need the court to go that far but if it did the judges better move to another country however Rehnquist even questioned wether the so-called "incorporation of the Bill of Rights" into the 14th. amendment was done right . Fortunately even some other conservative judges let him know that said doctrine was forever decicded and there was no going back.
      The court can't go too far because it doesn't have any real enforcement mechanism other then it's moral authority think about it if the President or Congress refuse to back it up and those 2 branches have the backing of the people it's decisons are rather mute . Just look back at how Lincol treatey Chief Justice Traney during the Civil War.

    •  Could you please be more specific? (0+ / 0-)

      Google isn't giving me any examples of what you are talking about... what are the relevant decisions and what are the specific rights you are talking about and the legal reasoning behind them?

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site