4 votes

The Constitution vs. Constitutional Law

This comment in an article from the LA Times concerning the SCOTUS deliberations on Obamacare:

"The Constitution says Congress has the power to "regulate commerce" and to impose taxes to promote the general welfare. The court has in the past upheld federal laws regulating all manner of business -- from agriculture and aviation to who can be served at the corner coffee shop -- and Roberts, Scalia and Kennedy have in other cases supported the government’s broad authority in that area.

But Tuesday, the three -- and Alito -- repeatedly criticized the requirement to buy health insurance as forcing people to enter a market, which they said was a new and troubling use of federal power."

Elsewhere I have read that our government stopped following the Constitution in the late 30's-early 40's, when the SCOTUS at that time ruled on three major cases that greatly expanded the power of the government. Those decisions (and others) are known as Constitutional Law.

What would be necessary to overturn bad Constitutional Law in favor of returning to The Constitution?



Trending on the Web

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

Bump

One final self-bump. Interested in your opinions. Then I'll let it rest.

Constitutional Amendment

If it takes a Constitutional amendment to change the Constitution, how have we allowed Constitutional interpretation to override the original document? This issue really bothers me when it comes to the interpretation of the Commerce Clause and the "promote the general welfare argument" of the FDR SCOTUS.

A ballot referendum in each state...

...to legalize the constitution. This would raise awareness and also codify verbatim the constitution into statutory law. The courts would then be forced to recognize it.

Can you imagine the conversations while gathering signatures?

"What's this for?"

"We're going to bind the entire government to the constitution, regardless of if they've taken an oath to it or not. All public servants must operate under the presumption that every US citizen's rights are constitutionally guaranteed."

"Isn't the constitution legalized already?"

"Of course not! It is merely a contract between private parties. This legislation would protect all Americans from rights violations by all public servants."

Most likely solution would be

Most likely solution would be for the Supreme Court to re-hear those cases or cases nearly identical in similarity to those which you make reference, and then the Supreme Court would have to rule against the original outcomes. This is very unlikely now, since the 'Nationalization' tendencies which have been evident since the Civil War, but moreso since the time which you refer, has made the number of cases waiting or wanting to be heard by the SCOTUS very numerous -to the point that they very rarely if ever hear a case which has already been ruled on by the SCOTUS.

Bump

Self-bump for the evening crowd.