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Rather than await the decision on the Affordable Care Act, President Obama decided to attack preemptively with error-filled claims about the place of judicial review in our constitutional system. Judicial review springs from the duty of a court, when deciding a case before it, to enforce the Constitution over a conflicting act of Congress.
There remains a long line of unfortunate and flawed Supreme Court precedents regarding the broad scope of the powers granted to Congress under both the Commerce Clause and the Necessary and Proper Clause.
The upcoming Voting Rights Act ruling will expose those Supreme Court justices--both conservative and liberal--who practice judicial activism.
Given the lack of consensus on the court regarding private property rights and the continued efforts of government to encroach on these rights as evidenced by the Stop the Beach Renourishment case, proponents of these constitutional guarantees should remain vigilant.
Barack Obama's choice for Supreme Court nominee will help to clarify the partisan debate over whether the president's agenda is moderate or radical.
While people may disagree with specific things Sonia Sotomayor has said or done, they want the Senate to evaluate her based on other characteristics too.
Should foreign law be used in U.S. judicial decision-making?
The Supreme Court justices have expanded their power to make many of our society's fundamental political and moral decisions.





