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October 14, 2008, 02:11 PM | #26 | |
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Quote:
Lopez might count as the only back peddle, and it was a half stroke at best. It reviewed a law which had already been replaced, so it had no practical effect at the time, and the Gun Free School Zones Act remains on the books today. It does not appear to have had any effect on subsequent cases, and the dissenters in Raich said that the majority conclusion in that case had reduced Lopez to a "drafting guide" for Congress. |
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October 16, 2008, 09:44 AM | #27 |
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You are correct. When reading Lopez, you get that impression...
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October 16, 2008, 09:55 AM | #28 | |
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October 16, 2008, 11:39 AM | #29 |
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Location: Tennessee
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The switch in time that saved nine.
http://www.boston.com/news/globe/ide...switch/?page=1 Not sure it has been decided either way.
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October 17, 2008, 09:11 AM | #30 | |
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Again, speculation, Tennessee.
Even the article itself says we may never know the real reasons for the switch. Quote:
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October 17, 2008, 09:50 AM | #31 | |
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I think somewhere in all justices heart of hearts their decisions are kept in check by the possibility of their court becoming irrelevant. I like the famous quote by Oliver Wendell Holmes "If the nation wants to go to hell, then GD let 'em do it."
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"God and the Soldier we adore, in time of trouble but not before. When the danger's past and the wrong been righted, God is forgotten and the Soldier slighted." Anonymous Soldier. |
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checks and balances , constitutional theory |
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