True Federalist (진정한 연방 주의자)
Ernest
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Posts: 42,144
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« on: October 15, 2020, 10:03:56 PM » |
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The key word to my judicial philosophy would be "deference" . The Necessary and Proper clause gives Congress a lot of leeway as long as it can present a prima facie case that what it is trying to do falls within the scope of at least one of its enumerated powers and there isn't some other part of the Constitution that explicitly bars what it is trying to do. Similarly the 10th Amendment gives State governments broad discretion. Sometimes the result of such a philosophy would be seen as conservative and sometimes as progressive in the terms of modern politics. For instance, taking into consideration the two main policy issues that have been raised by the ACB nomination, ACA would be absolutely safe from me, but Roe and Casey would not, especially Casey. Stare decisis would cause me to see if I or some bright law clerk could cobble a replacement rationale for a Constitutional right to abortion, but I haven't really worried about the issue, and at least at first glance I don't see it.
While I think abortion access in at minimum the first trimester is good policy, please keep in mind that I don't accept the notion that good laws and Constitutional laws are the same thing. Legislatures exist to decide what is good law, courts should only decide if laws are clearly unconstitutional.
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