New poll - Obamacare unconstitutional

First of all, the "right of privacy" did not originate in Roe v Wade. That right was found to exist as a natural sequellae of the rights granted in the bill of rights. it recognized there were certain things in which government had no right to involve itself. You might want to first look at Griswold v Connecticut and Loving v Virginia. Perhaps you'll understand.

Why would it be an "act of congress"?

Yes, Bork talks about how Griswold and Loving were both terrible decisions.

The left loves them because they do what is "right" regardless of whether or not it is constitional.

why would i care what bork says? he's entitled to his opinion, of course.

i think citizens united is the worst decision since dred scott. his opinion has as much weight as mine.

isn't that cool?

Actually, his opinion is much more worthwhile and influential. However, it carries no force....just like yours.

So why would I care about what you think about Citizens United ? Your opinion is useless.

Besides, Bork backs his up with reasoning in a book he wrote. I'd love to see you provide a comparable analysis on your own.
 
I am confident that the SCOTUS will rule against Obamacare. Even if they do not, President Romney will gut it.....

I am as well.

No way under the constitution can the Govt force anyone to buy anything.

Don't think it will fly even under the GW clause. Taxation my ass.
 
The Supreme Court won't hear the case until 2014 and will find it constitutional, Alito will be the deciding vote.
 
New poll - Obamacare unconstitutional

I don’t believe public opinion polls – new or old – were mentioned in Marbury v. Madison.

They might as well have been.

The one thing people don't realize is that Marbury did nothing. John Marshal could crow all he wanted, but you had the likes of Andrew Jackson who told the SCOTUS to pound sand....they could rule and drool at the same time. It took a long time for Marshall's claim to come into reality and it had nothing to do with him.

It was FDR who truly politicised the court and for that he deserves to be buried in dog feces.
 
Even most Democrats think the law will loose in court. What does that say about all the posters here who keep saying Republicans are out of touch on Obamacare?


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Obama Care IS unconstitutional. But surely you recognize that the constitutionality of a law is not dependent on its popularity.



Actually, it is. There has been example after example of laws that are obviously unjust and unconstitutional being ruled as Constitutional. The long litany of Race Relations cases until Brown V Board of Ed. were all based on what the public would accept and had little to do with Constitutionality.
 
The conservative SCOTUS has swayed public opinion to their principles over that of legislation passed by Congress ... a very ironic outcome to their own "stated" philosophy against judicial activism.

The simple act of passing Legislation does not somehow make it Constitutional. If it did we would not need a Supreme Court.

When it is convenient for the conservative philosophy otherwise there are three "equal" branches of gov't not to be superseded by "activist" judges ...



Judicial activism is by definition a Liberal trait. What are your examples?
 
When it is convenient for the conservative philosophy otherwise there are three "equal" branches of gov't not to be superseded by "activist" judges ...

One is required to provide EVIDENCE of claims the SCOTUS has made decisions not based on facts and the intent of the Constitution.

I know that the supposed right of privacy that suddenly existed for Roe Vs Wade was rather convenient.


I know that the supposed right of privacy that suddenly existed for Roe Vs Wade was rather convenient.


That was not an act of "Congress".




This is a great example of an activist court decision. This is not defined by the Constitution. It is therefore a states rights issue. It was passed based on the popular opinion abroad in the country.

The imagined right to abortions is conjured from spaces between the lines.

This was a low point in the history of our nation's courts.

I happen to think that it's a needed and wanted legalization, but it's not Constitutional.
 
I know that the supposed right of privacy that suddenly existed for Roe Vs Wade was rather convenient.


That was not an act of "Congress".

No it was a fabricated "right" from the left. Ohh and as I recall there were FEDERAL laws against Abortion, so at least one Congress at some point passed laws on the issue.


so at least one Congress at some point passed laws on the issue.


That court was not philosophically opposed to (conservative defined activism) - this court has tempered itself not to interfere with the legislative branch irregardless the consequences some rights might be abused - when it has served the purpose of the 5 conservative Justices.



And the examples you plan to cite are?
 

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