oh, yeah, the supreme court thing:

[rwx]

Personally, I've disagreed with a couple of supreme court decisions. I'm disappointed with the court's reasoning in Reno v. ACLU, because that just means the same issue will come up again in more and different disguises.

However, the real prize of all of this have been Joe Biden's answers -- for those who don't know, Biden's also getting asked the same questions as Palin. After listening to Palin fumble, wouldn't you rather have a VP who gave this as an answer?

COURIC: (to Biden): What are the Supreme Court decisions you disagree with?

BIDEN: You know, I’m the guy who wrote the Violence Against Women act. And I said that every woman in America if they are beaten and abused by a man should be able to take that person to court. Meaning you should be able to go to federal court and sue in federal court the man who abused you if you can prove that abuse. But they said no that a woman, there’s no federal jurisdiction and I held, they acknowledged, I held about 1,000 hours of hearings proving that there’s an effect in interstate commerce. Women who are abused and beaten and beaten are women who are not able to be in the work force. And the Supreme Court said there is an impact on commerce but this is federalizing a private crime and we’re not going to allow it. I think the Supreme Court was wrong about that decision.

For the relevance of interstate commerce to deciding whether something is a federal issue or not, see here. For Violence Against Women act, see here.

Comments

[marc17.livejournal.com]

Not really. If you can use that to invoke the interstate commerce act, then you can pretty much use anything to invoke the interstate commerce act for the government to rule over anything. I'd much rather see Roe vs. Wade go to the state level than see the government gain the right to make any law they want across all the states.

[dafydd.livejournal.com]

I sort of agree with you.

I agree with you in that Senator Biden's argument is specious, and that the Commerce Clause is already inappropriately overused.

On the other hand, I'd rather hear a well-thought paragraph with which I disagreed than the ignorance coming from Governor Palin.

[rwx.livejournal.com]

Although it should be noted that RvW in particular is covered under the Due Process clause of the 14th amendment and not the commerce clause.

It's the Partial Birth Abortion Act that is about interstate commerce in the weird way -- "Any physician who, in or affecting interstate or foreign commerce, knowingly performs a partial-birth abortion."

[teh-dirty-robot.livejournal.com]

I dunno. It's all got to be about job creation. That this..this...is part of shoring up the economy. Particularly on the maritime borders, and not viewing spending as some, evil..thing. When Putin rears his head, well, pew pew pew!

[antje23.livejournal.com]

Here's the thing. Biden is always going to sound articulate, knowledgeable and has the experience. The trouble with that is that the majority of America is like this:

[rwx.livejournal.com]

holy fuck, she killed and skinned my old couch.