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Title: I need Supreme Court Scholarly Help.
Source: [None]
URL Source: [None]
Published: Feb 21, 2010
Author: me
Post Date: 2010-02-21 23:41:01 by Critter
Keywords: None
Views: 345
Comments: 33

My kid has a history assignment and we are at a loss for a good topic for her.

The assignment has her writing about a Supreme Court decision that has directly impacted her life.

Maybe I'm just brain dead, but I can't think of anything good at the moment. She wants something very controversial, something that might rub a bunch of nanny state sissies the wrong way. I love my kid. :)

Can anyone suggest something?

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Begin Trace Mode for Comment # 19.

#12. To: Critter (#0)

Here's a humdinger that deems term limits for CONgressmen unconstitutional:

In U.S. Term Limits v. Thornton, 514 U.S. 779 (1995), a 5-4 U.S. Supreme Court held that term limits on Arkansas congressmen were unconstitutional because they added a condition to eligibility not found in the Qualifications Clauses. In other words, the Court held that the Qualifications Clauses are exclusive.

Justice John Paul Stevens wrote the opinion for the Court, joined by Justices David Souter, Ruth Bader Ginsburg and Stephen Breyer. Justice Stevens held that:

Allowing individual States to adopt their own qualifications for congressional service would be inconsistent with the Framers' vision of a uniform National Legislature representing the people of the United States. If the qualifications set forth in the text of the Constitution are to be changed, that text must be amended. Justice Anthony Kennedy provided the pivotal fifth vote in a concurrence that emphasized federalism. He wrote:

There can be no doubt, if we are to respect the republican origins of the Nation and preserve its federal character, that there exists a federal right of citizenship, a relationship between the people of the Nation and their National Government, with which the States may not interfere. Because the Arkansas enactment intrudes upon this federal domain, it exceeds the boundaries of the Constitution.

That one ranks high in my Supreme Court Crapper list.........

abraxas  posted on  2010-02-22   1:48:53 ET  Reply   Untrace   Trace   Private Reply  

Actually I agree with that one. The text of the Constitution must be binding on the states as well as the Feral Government. To do otherwise invalidates the authority of the Constitution as the supreme law of the land. I just wish the Supreme Court would so strictly enforce the exact provisions in other matters - such as the "Commerce Clause" which has been so distorted out of its original meaning as to be an "Open Sesame" for virtually any intrusion upon property rights and production of goods and services. The FDA's authority to regulate medical products is predicated upon the Commerce Clause.

Original_Intent  posted on  2010-02-22   2:05:54 ET  Reply   Untrace   Trace   Private Reply  

I'd agree with binding in the other direction.......term limits for all states. IMHO, this nation wouldn't be in such a sorry state if all states had term limits instead of life terms for these cons who work for their corporate campaign donors and not for the people. If two terms is enough for a POTUS, it's more than enough for our representatives.

I think that if this decision went the other way, more states would have opted for term limits.

abraxas  posted on  2010-02-22   2:16:50 ET  Reply   Untrace   Trace   Private Reply  

I'm all in favor of term limits, but it requires an Amendment to the Constitution.

Original_Intent  posted on  2010-02-22   2:30:13 ET  Reply   Untrace   Trace   Private Reply  

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