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In other words, the SC gets to repeal the Constitution by
Posted on: February 12, 2017 at 22:13:16 CT
Alferd Packer MU
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"interpreting" it to say that which it does not say. It finds "penumbras" which are not in it and anachronisms which the writers could not have conceived. "Transgenders" is an example. The only proper and constitutional way to "expand" and "establish" new rights is through the constitutionally established procedure of amendments. Not the courts. The Constitution does not empower the courts to do that.
The courts did NOT enfranchise women. The states and the 19th Amendment did. Congress, not the courts forced mainstreaming of handicapped kids with the EHA (later IDEA) law. The SC did not rule about yelling fire in a crowded theater. That was dicta analogy in a case involving speech against the draft during WWI. The court ruled against such speech. So you can't yell "No Draft" during a war. How do you like them apples? And I don't know how Wal-Mart figures into this.
The courts did NOT enfranchise women. The states and the 19th Amendment did. Congress, not the courts forced mainstreaming of handicapped kids with the EHA (later IDEA) law. The SC did not rule about yelling fire in a crowded theater. That was dicta analogy in a case involving speech against the draft during WWI. The court ruled against such speech. So you can't yell "No Draft" during a war. How do you like them apples? And I don't know how Wal-Mart figures into this.
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In other words, the SC gets to repeal the Constitution by - Alferd Packer MU - 2/12 22:13:16