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![]() "Dave" wrote I certainly hope so. The USSC is seriously off track. It needs a strong reminder that its job is to exercise the judicial power and leave the legislative power where it was placed by the Constitution, rather than acting like a super-legislature. .... A primary task of the SCotUS is defending the Constitution against both the legislature and the president. Both are prone to enact measures that the Constitution forbids them to enact. Ditto the states. For example, the Constitution says that "Congress shall pass no law .... abridging the freedom of speech ...." yet Congress has done so many times. (What is so hard to understand about "no law"?). For example, the Congress passed the Comstock Act forbidding among other "obsceneties", the mere discussion of birth control - and for over half a century you could have gotten 20 years in prison for asking anyone, even your MD, how to avoid pregnancy. This treason persisted until the early 1960s, when the SC overthrough that law. Of course radical Christians, hell-bent on imposing papal morality, accused the court of "acting like a super legislature". |