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August 19, 2005

The Cat's Meow - 08/18/05: Nominations

by Ferdinand T Cat
If the job of a Supreme Court judge were to merely interpret the law rather than make it, then it really wouldn't matter whether new judges were liberals or conservatives.

Respectfully submitted,

Ferdinand T. Cat


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Yes, but...


Posted by: Walter E. Wallis at August 19, 2005 5:30 PM

I tend to disagree... slightly.

One school of thought is to look at the Constitution as a list of things the government CAN do, and the other is to see the Constitution as a list of things the government CAN'T do.

I believe it was T. Roosevelt who first changed the paradigm when he started opening nationally funded parks. (He saw it as a list of things he couldn't do... and as never forbade him to use nat'l funds to run parks, he did it.)

Not including Jefferson's Louisianna Purchase, which he did much fretting over. He wasn't sure if it was legal when he did it.


Posted by: GORDON at August 20, 2005 9:50 AM

This is the question of enumeration of powers. In fact, one of the objections to the Bill of Rights is that it could be used to argue that the constitution enumerated the rights of individuals, rather than the powers of government. That's why the Ninth Amendment is in there.

Of course, the Ninth Amendment has never been used by the Supreme Court.


Posted by: Ferdy [TypeKey Profile Page] at August 20, 2005 10:22 PM

HTML is not allowed in comments; however, if you put in a raw URL (http://www.somewhere.com/page.html) it will automatically be converted to a link.. Also, it is likely your comment will not appear unless you refresh the page manually after posting it.

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