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(Think Progress)   Federal judges rule the 20th century unconstitutional   (thinkprogress.org) divider line 175
    More: Stupid, concurring opinions, child labor laws, aviation law, public welfare, workplace safety, clean air laws, federal judges, U.S. Court of Appeals  
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8719 clicks; posted to Politics » on 17 Apr 2012 at 7:31 PM (3 years ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2012-04-17 06:51:01 PM  
j.wigflip.com
 
2012-04-17 06:54:18 PM  
Isnt it sad that both sides abuse the court system to shove their bullshiat down the throats of American citizens?
 
2012-04-17 06:55:20 PM  

cman: Isnt it sad that both sides abuse the court system to shove their bullshiat down the throats of American citizens?


So vote Republican?
 
2012-04-17 06:57:07 PM  
upload.wikimedia.org
 
2012-04-17 06:59:32 PM  

NowhereMon: cman: Isnt it sad that both sides abuse the court system to shove their bullshiat down the throats of American citizens?

So vote Republican?


OMG you are incredibly funny
 
2012-04-17 06:59:52 PM  
So what I'm hearing is that the Tenthers want the New York State legislature to be in charge of regulating Wall Street.

lol
 
2012-04-17 07:01:49 PM  
Lochner FTW
 
2012-04-17 07:07:15 PM  
1. The appellate court affirmed the decision of the lower court. Nothing was ruled unconstitutional, mores the pity.

2. This case was about large milk distributors who lobbied Congress to protect their own profit margins from an upstart company that made their own profits and still dropped the price of milk 20 cents a gallon.

3. The quoted section comes from a concurrence, which has no legal standing.

4. Everything said in the concurrence was correct and correctly explained past SCOTUS decisions.

5. If you read a little further into the decision, the judge lambasts the lack of the people to enact change at the ballot box because of lobbyists.

6. The judge is basically saying that when considering economic regulation by Congress, the courts should use a stricter standard when abrogating rights. Why is this a bad thing?
 
2012-04-17 07:10:57 PM  
Well, that is the logical conclusion of Republican ideas. Return to the 1890s, when robber barons ruled the country, you had to work 60-70 hours a week, weren't paid enough to live on, and were fired on a whim.
 
2012-04-17 07:15:37 PM  

GAT_00: Well, that is the logical conclusion of Republican ideas. Return to the 1890s, when robber barons ruled the country, you had to work 60-70 hours a week, weren't paid enough to live on, and were fired on a whim.


Why do you hate capitalism? Those who own the means of production need to have the profits necessary to expand businesses and create more jobs.
 
2012-04-17 07:17:46 PM  

cman: Isnt it sad that both sides abuse the court system to shove their bullshiat down the throats of American citizens?


Yes.

But I can see where NowhereMon is coming from.

antidisestablishmentarianism: [upload.wikimedia.org image 200x313]


Exactly.

A good book that illustrates where America was at is America 1900 by Judy Crichton.

A good book that illustrates that it could easily happen again is Behind the Beautiful Forevers by Katherine Boo.

Let wealth run a nation, and see people lose their freedoms. 1900 was no year to want to volunteer to return to.
 
2012-04-17 07:24:04 PM  

GAT_00: Well, that is the logical conclusion of Republican ideas. Return to the 1890s, when robber barons ruled the country, you had to work 60-70 hours a week, weren't paid enough to live on, and were fired on a whim.


I prefer those halcyon days of the 50s and 60s that the Republicans are always so nostalgic for.

www.bartcop.com

Sadly, they are only for a return to those days when it comes to social and civil issues; i.e., the treatment of women, minorities, children etc...
 
2012-04-17 07:24:31 PM  
I would like to propose term limits for federal judges

/including SCJs
 
2012-04-17 07:25:31 PM  

gimmegimme: GAT_00: Well, that is the logical conclusion of Republican ideas. Return to the 1890s, when robber barons ruled the country, you had to work 60-70 hours a week, weren't paid enough to live on, and were fired on a whim.

Why do you hate capitalism? Those who own the means of production need to have the profits necessary to expand businesses and create more jobs.


lul
 
2012-04-17 07:26:09 PM  

MaudlinMutantMollusk: I would like to propose term limits for federal judges

/including SCJs


um
no
but an IQ and purity test might be a good start
and only allow GOP activist judges
bwhahahahahahahahhaha
 
2012-04-17 07:28:58 PM  

namatad: um
no
but an IQ and purity test might be a good start
and only allow GOP activist judges
bwhahahahahahahahhaha


Dude, at the rate they're going, there may not be a GOP much longer
 
2012-04-17 07:34:03 PM  

AdolfOliverPanties: I prefer those halcyon days of the 50s and 60s that the Republicans are always so nostalgic for.

www.bartcop.com



Communism was defeated in the 50's and 60's?
 
2012-04-17 07:39:27 PM  

AdolfOliverPanties: I prefer those halcyon days of the 50s and 60s that the Republicans are always so nostalgic for.


This was one of the things that pissed me off about the war on terrorism and the war in Iraq. People that were pro-war kept likening it to WWII. I thought 'fine, let's do it but we need to raise taxes to pay for it'. It was a large increase in spending without an increase in revenue. Besides me personally thinking there was no threat in Iraq, I couldn't justify going to war without a means to pay for it. IIRC the tax rate during WWII was increased to that higher rate to cover the costs of defeating the Nazi's/Japanese, then continued to stay that high to combat communism.
 
2012-04-17 07:40:50 PM  

violentsalvation: Communism was defeated in the 50's and 60's?


That was the height of the Red Scare and arms race. Russia was on the decline from the 70's until it's fall in the 80's.
 
2012-04-17 07:41:28 PM  

cman: Isnt it sad that both sides abuse the court system to shove their bullshiat down the throats of American citizens?


Isn't it sad how you think using the third pillar of our government to settle disputes of law between opposing parties is abuse.
 
2012-04-17 07:42:54 PM  

cman: Isnt it sad that both sides abuse the court system to shove their bullshiat down the throats of American citizens?


and this is why anarchy is so appealing. nail on the head sir.

ArkAngel:

something something activist judges. something something dark side.

GAT_00: Well, that is the logical conclusion of Republican ideas. Return to the 1890s, when robber barons ruled the country, you had to work 60-70 hours a week, weren't paid enough to live on, and were fired on a whim.


Funny enough, i wrote a term paper for a history class calling this trend the New Gilded Age, gilded age being a book by mark twain describing the world of robber barons.

/Essentially, the outside is golden and beautiful.
//The inside is solely fecal matter from choice species and diets.
 
2012-04-17 07:43:26 PM  

antidisestablishmentarianism: I thought 'fine, let's do it but we need to raise taxes to pay for it'


Uh huh.
 
2012-04-17 07:45:09 PM  
Janice Rogers Brown will be on US Supreme Court someday. That's my prediction.
 
2012-04-17 07:45:30 PM  
Fear not, for the President, or Congress, or the Supreme's would never vote to give themselves less power
 
2012-04-17 07:45:38 PM  

antidisestablishmentarianism: This was one of the things that pissed me off about the war on terrorism and the war in Iraq. People that were pro-war kept likening it to WWII. I thought 'fine, let's do it but we need to raise taxes to pay for it'. It was a large increase in spending without an increase in revenue. Besides me personally thinking there was no threat in Iraq, I couldn't justify going to war without a means to pay for it. IIRC the tax rate during WWII was increased to that higher rate to cover the costs of defeating the Nazi's/Japanese, then continued to stay that high to combat communism.


I concur.

Just after we invaded Iraq and opened a second war, the Republican-led Congress and Bush II lowered income taxes across the board.

American Patriotism: It's not as easy as buying a yellow-ribbon magnet made in China for your car.
 
2012-04-17 07:47:07 PM  

Lost Thought 00: Fear not, for the President, or Congress, or the Supreme's would never vote to give themselves less power


Actually they have in several cases.
 
2012-04-17 07:47:09 PM  
America's cowboy capitalism was long ago disarmed by a democratic process increasingly dominated by powerful groups with economic interests antithetical to competitors and consumers. And the courts, from which the victims of burdensome regulation sought protection, have been negotiating the terms of surrender since the 1930s.

2.bp.blogspot.com

upload.wikimedia.org

markmaynard.com

You think these children are long dead and gone? Nah, they just worked the morning shift.

maranatharadiolive.comule.com

students.cis.uab.edu

www.dol.gov

You enjoy those personal electronic devices and clothes and everything else made by child slaves for slave wages. nd enjoy those big returns on your 401Ks. I hope your children can take up their places in the workforce.
 
2012-04-17 07:47:10 PM  

cman: NowhereMon: cman: Isnt it sad that both sides abuse the court system to shove their bullshiat down the throats of American citizens?

So vote Republican?

OMG you are incredibly funny


Somebody's got to counteract your perfect record of complete and absolute fail.
 
2012-04-17 07:47:48 PM  

violentsalvation: AdolfOliverPanties: I prefer those halcyon days of the 50s and 60s that the Republicans are always so nostalgic for.

Communism was defeated in the 50's and 60's?


It's a JPEG I saw. I didn't think to edit it.
 
2012-04-17 07:49:37 PM  

antidisestablishmentarianism: AdolfOliverPanties: I prefer those halcyon days of the 50s and 60s that the Republicans are always so nostalgic for.

This was one of the things that pissed me off about the war on terrorism and the war in Iraq. People that were pro-war kept likening it to WWII. I thought 'fine, let's do it but we need to raise taxes to pay for it'. It was a large increase in spending without an increase in revenue. Besides me personally thinking there was no threat in Iraq, I couldn't justify going to war without a means to pay for it. IIRC the tax rate during WWII was increased to that higher rate to cover the costs of defeating the Nazi's/Japanese, then continued to stay that high to combat communism.


You forgot the draft. During WWII, there was a draft. Too bad Jenna and Barbara and Dickhead Cheney's lesbian daughter couldn't be called up. The war would have ended overnight.
 
2012-04-17 07:51:39 PM  

TheShavingofOccam123: America's cowboy capitalism was long ago disarmed by a democratic process increasingly dominated by powerful groups with economic interests antithetical to competitors and consumers. And the courts, from which the victims of burdensome regulation sought protection, have been negotiating the terms of surrender since the 1930s.

[2.bp.blogspot.com image 565x382]

[upload.wikimedia.org image 579x415]

[markmaynard.com image 500x428]

You think these children are long dead and gone? Nah, they just worked the morning shift.

[maranatharadiolive.comule.com image 440x400]

[students.cis.uab.edu image 473x339]

[www.dol.gov image 550x367]

You enjoy those personal electronic devices and clothes and everything else made by child slaves for slave wages. nd enjoy those big returns on your 401Ks. I hope your children can take up their places in the workforce.


Come on, now. Those children are learning a lot of valuable lessons and are building their resumes, something that will help them greatly when they enter the workforce. You go out and talk to people, as I do, you go out and talk to people who are really successful in one generation. They all started their first job between nine and 14 years of age. They all were either selling newspapers, going door to door, they were doing something, they were washing cars.

They all learned how to make money at a very early age. What do we say to poor kids in poor neighborhoods? Don't do it. Remember all that stuff about don't get a hamburger flipping job? The worst possible advice you could give to poor children. Get any job that teaches you to show up on Monday. Get any job that teaches you to stay all day even if you are in a fight with your girlfriend. The whole process of making work worthwhile is central.
 
2012-04-17 07:52:00 PM  
"For more than two years, ThinkProgress has tracked "tentherism," a radical misreading of the Constitution which claims that pretty much everything the federal government does is unconstitutional."

www.chicagotribune.com

Bob Dole wants you to know that Bob Dole will carry around a copy of the Tenth Amendment at every public appearance Bob Dole makes as part of the Bob Dole campaign.

/BOB DOLE!
 
2012-04-17 07:53:11 PM  

thekilt04: ArkAngel:

something something activist judges. something something dark side..


So I suppose you missed the part where I said I disagreed with the decision and that the decision followed all SCOTUS precedents? From my reading of the situation, this particular new regulation appears to be a bill of attainder and I would hope that SCOTUS overturns it.
 
2012-04-17 07:56:47 PM  

HighOnCraic: "For more than two years, ThinkProgress has tracked "tentherism," a radical misreading of the Constitution which claims that pretty much everything the federal government does is unconstitutional."

[www.chicagotribune.com image 429x510]

Bob Dole wants you to know that Bob Dole will carry around a copy of the Tenth Amendment at every public appearance Bob Dole makes as part of the Bob Dole campaign.

/BOB DOLE!


My favorite Bob Dole moment was the Pepsi commercial where he was supportive of his dogs plan to DP a young Brittany Spears with him. And now, given his GOP's intimate practicies in their personal lives, as well as the public Republican support of all manner of rape and child sex trafficing, I guess he's a moderate in that too.
 
2012-04-17 07:56:54 PM  

cman: Isnt it sad that both sides abuse the court system to shove their bullshiat down the throats of American citizens?


yes, this one is about republicans.
 
2012-04-17 07:57:48 PM  

TheShavingofOccam123: You forgot the draft. During WWII, there was a draft.


Right. If you put together the draft and higher taxes the American public might not have been so eager to go to war in Iraq. Personally I think a lot of the problem lies with the evangelicals taking over teh republican party and only voting on social issues and the latter half of the boomers who saw everything evil about the hippie movement, were enamored with Reagan, and never really faced a real trying time in their adult life (adults from ~1970~2000) where making a personal sacrifice for the "greater good" was never needed for anything.

But I could be wrong, I didn't really pay much attention to things until I became an adult ~2000.
 
2012-04-17 07:58:12 PM  
images.cheezburger.com
 
2012-04-17 07:58:16 PM  
Thus the Supreme Court decided economic liberty was not a fundamental constitutional right,

Let me introduce you to Amendment 13 of the constitution:

"Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."

People like this are building a dangerous precedent. And if they push people too far, they are going to see what happens when people revolt. And they will be the first against the wall.
 
2012-04-17 07:59:02 PM  
There are two major problems with his constitutional theory:

1) The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States;

2) To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.
 
2012-04-17 07:59:09 PM  
Clarence Thomas: something something something COMMERCE CLAUSE
 
2012-04-17 07:59:59 PM  
How can such idiots still be alive and in positions of power?
 
2012-04-17 08:02:07 PM  

bdub77: Thus the Supreme Court decided economic liberty was not a fundamental constitutional right,

Let me introduce you to Amendment 13 of the constitution:

"Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."

People like this are building a dangerous precedent. And if they push people too far, they are going to see what happens when people revolt. And they will be the first against the wall.


chicagoist.com

"You have to look at the intents of the Founding Fathers. Did the framers intend for the Constitution to include such provisions? Of course not, or else they would have done so."
 
2012-04-17 08:02:51 PM  

bugontherug: There are two major problems with his constitutional theory:

1) The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States;

2) To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.


Congress' power of regulation is not absolute. If Congress tried to ban all black people from being doctors under their Commerce Clause power, SCOTUS would smack them down because it still violates the 14th Amendment under strict scrutiny. That is what this particular judge is saying - economic rights cases that come before federal courts should be decided with a high level of scrutiny in mind, not just the rational basis theory.
 
2012-04-17 08:02:54 PM  

omnibus_necanda_sunt: How can such idiots still be alive and in positions of power?


Progressives sitting out elections because Al Gore/John Kerry/The Democrats don't "inspire them."

Also, people voting Republican.
 
2012-04-17 08:04:41 PM  
For more than two years, ThinkProgress has tracked "tentherism," a radical misreading of the Constitution which claims that pretty much everything the federal government does is unconstitutional.

I stopped right here. I'm not a stark proponent of the very limited federal government that this viewpoint champions, but there's nothing illogical about the idea that the Constitution favored a strong separation between federal and state roles. That's the way things operated in this country, at least through the 1860s. The idea that the commerce clause or the welfare clause are catch-alls to let the federal government do whatever it wants is a new one.

Calling the view "tentherism" as if it's just as looney as "birthers" or "truthers" is farking childish. I don't find the default view that the 10th Amendment is meaningless and Article I, Section 8 is just a suggestion very mature, either.
 
2012-04-17 08:05:46 PM  
The funniest thing to me about Tentherism is that it isn't really untrue. The initial intent of power given to the Fed was barely the minimum required to justify its own existence. However, this was a time when it would take weeks to get messages to Washington and back again, and giving power to the Fed had serious risks of failure of representation of the citizenry. In the modern world, you can get an e-mail in seconds anywhere on the planet. The risks of history because simply history, and the challenges of tomorrow must be answered with new developments in government.
 
2012-04-17 08:05:54 PM  

gimmegimme: bdub77: Thus the Supreme Court decided economic liberty was not a fundamental constitutional right,

Let me introduce you to Amendment 13 of the constitution:

"Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."

People like this are building a dangerous precedent. And if they push people too far, they are going to see what happens when people revolt. And they will be the first against the wall.

[chicagoist.com image 400x277]

"You have to look at the intents of the Founding Fathers. Did the framers intend for the Constitution to include such provisions? Of course not, or else they would have done so."


Actually, the Framers did intend for the Constitution and federal code to have provisions such as this, they just said that it couldn't be done before 1808. Article I, Section 9
 
2012-04-17 08:06:41 PM  

gimmegimme: TheShavingofOccam123: America's cowboy capitalism was long ago disarmed by a democratic process increasingly dominated by powerful groups with economic interests antithetical to competitors and consumers. And the courts, from which the victims of burdensome regulation sought protection, have been negotiating the terms of surrender since the 1930s.

[2.bp.blogspot.com image 565x382]

[upload.wikimedia.org image 579x415]

[markmaynard.com image 500x428]

You think these children are long dead and gone? Nah, they just worked the morning shift.

[maranatharadiolive.comule.com image 440x400]

[students.cis.uab.edu image 473x339]

[www.dol.gov image 550x367]

You enjoy those personal electronic devices and clothes and everything else made by child slaves for slave wages. nd enjoy those big returns on your 401Ks. I hope your children can take up their places in the workforce.

Come on, now. Those children are learning a lot of valuable lessons and are building their resumes, something that will help them greatly when they enter the workforce. You go out and talk to people, as I do, you go out and talk to people who are really successful in one generation. They all started their first job between nine and 14 years of age. They all were either selling newspapers, going door to door, they were doing something, they were washing cars.

They all learned how to make money at a very early age. What do we say to poor kids in poor neighborhoods? Don't do it. Remember all that stuff about don't get a hamburger flipping job? The worst possible advice you could give to poor children. Get any job that teaches you to show up on Monday. Get any job that teaches you to stay all day even if you are in a fight with your girlfriend. The whole process of making work worthwhile is central.


And sidetrack their education during their formative years?

media.tumblr.com
 
2012-04-17 08:07:06 PM  

Tickle Mittens: HighOnCraic: "For more than two years, ThinkProgress has tracked "tentherism," a radical misreading of the Constitution which claims that pretty much everything the federal government does is unconstitutional."

[www.chicagotribune.com image 429x510]

Bob Dole wants you to know that Bob Dole will carry around a copy of the Tenth Amendment at every public appearance Bob Dole makes as part of the Bob Dole campaign.

/BOB DOLE!

My favorite Bob Dole moment was the Pepsi commercial where he was supportive of his dogs plan to DP a young Brittany Spears with him. And now, given his GOP's intimate practicies in their personal lives, as well as the public Republican support of all manner of rape and child sex trafficing, I guess he's a moderate in that too.


You had that dream too?

/Wait, wut?
 
2012-04-17 08:07:08 PM  

sprawl15: The risks of history because became simply history


lol how i wurd
 
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