Justice Scalia Laughs At Rick Perry’s Tenther View Of The Constitution

Discussion in 'Politics' started by Synthaholic, Oct 11, 2011.

  1. Synthaholic
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    Synthaholic Platinum Member

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    Justice Scalia Laughs At Rick Perry’s Tenther View Of The Constitution


    A growing number of conservative lawmakers embrace tentherism, a radical overreading of the 10th Amendment which claims that nearly all of the federal budget is unconstitutional. Texas Gov. Rick Perry (R) believes that Social Security and Medicare “contradict[] the principles of limited, constitutional government that our founders established to protect us.” Sen. Mike Lee (R-UT) mocked President Franklin Delano Roosevelt for calling upon the federal government to provide “a decent retirement plan” and “health care” because “the Constitution doesn’t give Congress any of those powers.” Sen. Tom Coburn (R-OK) shares their belief that Medicare violates the Constitution, and he’d also eliminate all Pell Grants, student loan assistance and other federal spending on education. During a Senate Judiciary Committee hearing yesterday, however, conservative Justice Antonin Scalia openly mocked their suggestion that his Court should simply declare all these programs unconstitutional in response to a question from committee Chairman Patrick Leahy (D-VT):
    LEAHY: Justice Scalia, under our Constitution, what is the role, if any, that the judges play in making budgetary choices or determining what the best allocation of taxpayer resources is? Is that within their proper role, or is that somewhere else?
    SCALIA: You know it’s not within our proper role Mr. Chairman. [laughs] Of course it’s not.
     
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  2. Conservative
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    Conservative Type 40

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    anytime someone on the right believes in something the left doesn't, they call it an '-ism'.
     
  3. Synthaholic
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    Synthaholic Platinum Member

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    Scalia is "the Left"?

    Dumbass. :lol:
     
  4. zzzz
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    zzzz Just a regular American

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    Abolish Social Security and refund all the money I paid into it over the years, with interest of course!!!
     
  5. Kuros
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    Kuros BANNED

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    There's not enough context in the video or the link to suggest that Scalia was laughing at Tentherism rather than what would simply be an extremely robust judicial review.
     
  6. Oddball
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    Oddball BANNED Supporting Member

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    Of course not....Synthia likes to make shit up.
     
  7. Synthaholic
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    Leahy is asking him exactly about tentherism.

    LEAHY: Justice Scalia, under our Constitution, what is the role, if any, that the judges play in making budgetary choices or determining what the best allocation of taxpayer resources is? Is that within their proper role, or is that somewhere else?
    SCALIA: You know it’s not within our proper role Mr. Chairman. [laughs] Of course it’s not.
     
  8. Inthemiddle
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    That is a stretch, to say the least.
     
  9. Liability
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    Liability Locked Account. Supporting Member

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    The Leahy question (together with justice Scalia's answer) and the dopey OP's original contention are not discussing the same point.

    Justices do not draft budget proposals nor do they allocate resources in that manner.

    So of course Justice Scalia laughed at Leahy's plodding and pretty much meaningless question.

    None of that has anything to do with the open question of whether the Federal Government has crafted Unconstitutional budgets.
     
  10. Kuros
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    Not really. Here's the text of the 10th:

    Leahy is asking if justices legislate. They do not. Justices strike down unconstitutional laws. They never allocate resources or make budget choices, not even were they to declare social security unconstitutional.
     

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