- Banned
- #1
Actually recognizing the 10th amendment is cause for celebration even in a minor dispute.
In the high court’s view, federal courts overstep when they apply common law rules without some special federal interest at stake. Because Article I of the Constitution gives Congress legislative power, and the 10th Amendment leaves most regulatory authority to states, the federal judiciary must tread very carefully in lawmaking territory, Gorsuch warned.
He accused lower courts that apply Bob Richards of “making the mistake of moving too quickly past important threshold questions at the heart of our separation of powers.” Thus, they fail to respect the “proper allocation of lawmaking authority” among Congress, states, and courts.
The US Supreme Court rules unanimously in a “curious” tax refund case
I wonder if they are setting precedent- unanimously.
In the high court’s view, federal courts overstep when they apply common law rules without some special federal interest at stake. Because Article I of the Constitution gives Congress legislative power, and the 10th Amendment leaves most regulatory authority to states, the federal judiciary must tread very carefully in lawmaking territory, Gorsuch warned.
He accused lower courts that apply Bob Richards of “making the mistake of moving too quickly past important threshold questions at the heart of our separation of powers.” Thus, they fail to respect the “proper allocation of lawmaking authority” among Congress, states, and courts.
The US Supreme Court rules unanimously in a “curious” tax refund case
I wonder if they are setting precedent- unanimously.