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Politics : View from the Center and Left
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To: cnyndwllr who wrote (135664)4/2/2010 8:06:49 PM
From: TimF  Read Replies (1) of 543167
 
No, the constitution is what the highest courts in the land say it is

No it isn't. What the courts say it is, determines how it will be enforced, but the courts can be incorrect. If 5 members of the supreme court decided that people had no right to complain or protest about government policy, it would still be our constitutional right, it would just be a right that could be infringed without us receiving any protection from the courts.

Also the supreme court has never supported a federal requirement to buy privately supplied goods as falling under the commerce clause. It allowing it would not be a matter of following previous judicial decisions but rather a new extension of federal power.
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