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    things I learned from "capitalism, a love story"..., 2010-05-04 00:24:47 | Main | the entitlement reform that's needed is on wall street..., 2010-05-04 12:09:24

    the way the Founders wrote it:

    joyner:

    there are those who make a fetish of the wisdom of the Framers when, as Eugene Volokh notes, "blatant unconstitutionality started early."

    This is so true. Like, judicial review is itself literally unconstitutional. I suppose that's why no one hears much from historical literalists except on the backwaters of conservative talk radio. But, at that, to take a more moderate approach: If the founders couldn't be so much as bothered to enumerate the supreme power of the Supreme Court of the Land on those scraps of parchment how can anybody honestly believe that they originally intended it? It's fairly nonsensical.

    The simple solution was suggested by Glenn Beck - neither the first nor the last paranoid to propose it - when he advised us to to overturn and invalidate everything that isn't spelled out in the constitution. We can start at the decision of Marbury v. Madison and with all due haste strip the court of the unconstitutional, tyrannical power it granted itself to declare laws unconstitutional. Then we could immediately stop, having no process left with which to declare anything unconstitutional, the way the Founders wrote it.


:: posted by buermann @ 2010-05-04 01:53:40 CST | link





    go ahead, express that vague notion
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