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Politics : Politics for Pros- moderated -- Ignore unavailable to you. Want to Upgrade?


To: skinowski who wrote (493434)6/29/2012 1:50:57 PM
From: carranza2  Respond to of 793917
 
I don't recall it precisely, but there is a rule of judicial interpretation under which labels don't really matter. And, of course, this is appropriate since it is the substance of the laws that matters, not what anyone calls them.

Anyone recall the federal Marijuana Tax Act? It required payment of a tax for dealing commercially in hemp. Since pot was illegal, it was ruled invalid under the Fifth Amendment because anyone who sought to pay it incriminated himself.



To: skinowski who wrote (493434)6/29/2012 2:16:17 PM
From: Little Joe  Respond to of 793917
 
The law in America is that the Supreme Court's interpretation of the law if binding on everyone. This principle was established in the famous case of Marbury v. Madison, which has been affirmed many times since it was decided. Since they have adjudicated this case we are stuck with it, unless they would reconsider and I would say the chances of that happening are nil.

lj



To: skinowski who wrote (493434)6/29/2012 3:44:23 PM
From: steve harris4 Recommendations  Respond to of 793917
 
I don't understand why Roberts rewrote the case.

I mean, the question was, is Obamacare constitutional under the commerce clause. Roberts said no it isn't.

But he then he turns around and says it was constitutional after building a strawman in his own mind that it was a tax.

Like I get a speeding ticket and choose to go to court. If Roberts was my judge, he'd say not guilty on the original charge, but you're guilty of driving a red car so pay the speeding ticket!

Unbelievable.