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re: In your opinion, what's the worst supreme court decision ever made?
Posted on 7/23/19 at 9:12 am to F73ME
Posted on 7/23/19 at 9:12 am to F73ME
Hands down bush v gore due in no small part to the intellectual dishonesty of the loser and hater conservative justices and all of my Ranger Batt brothers who died in Bush’s wars
Posted on 7/23/19 at 9:15 am to F73ME
quote:
My vote is Wickard v Filburn, but I'm looking to educate myself on other horrible decisions.
This is #1
Whatever is #2 can't see number one from where it is in the race.
Posted on 7/23/19 at 9:15 am to HoganGidley
So democrats should just be allowed to order more and more recounts until they “find” enough votes to win?
Posted on 7/23/19 at 9:15 am to Antonio Moss
quote:
ou could argue Plessy and Dred Scott but both bad decision led to very positive government action eventual
Was wondering if anyone was going to mention Dred Scott
LINK
Of course, our founding fathers also approved of slavery, so there is that.
Basically, our constitutional rights are a never ending battle over history and time to include our social moral values.
I would also add Roe because the opinion was made up out of whole cloth and the science used in the opinion would lead to further problems down the road. Of course, in the 70's, not a single person thought that the decision would be bastardized to allow for the killing of a newborn. Absolutely disgusting.
Wickard is also up there. No way our government should be able to stop a private citizen from growing his own product on his own land for his own consumption, regardless of the effect. What happens when the government tells all of us we can no longer have our own vegetable gardens because it affects monsanto.
This post was edited on 7/23/19 at 9:20 am
Posted on 7/23/19 at 9:15 am to F73ME
Historically the Dred Scott decision helped lead to the Civil War. Pretty horrible.
This post was edited on 7/23/19 at 9:17 am
Posted on 7/23/19 at 9:16 am to F73ME
quote:Absolutely
My vote is Wickard v Filburn,
Posted on 7/23/19 at 9:17 am to kingbob
Lochner v. New York - this was the "kickoff" point of substantive due process (economic), aka reading in certain rights that don't expressly exist.
It was overturned, and there is no liberty to contract (Lochner recognized such a liberty), but substantive due process is still alive and well.
It was overturned, and there is no liberty to contract (Lochner recognized such a liberty), but substantive due process is still alive and well.
Posted on 7/23/19 at 9:22 am to Roll Tide Ravens
Pre-termination hearings before depriving one of their essential liberty is a good thing imo. However, reading government entitlement programs and jobs as “essential liberty” is complete bs.
Posted on 7/23/19 at 9:29 am to sotex
quote:
Roe v. Wade
Has to be the worst. Moral issues notwithstanding, there was no precedent that supported that opinion at all. How do you come to that conclusion in referencing existing case law, the constitution, or the bill of rights? That is the power of an imbalanced court.
Posted on 7/23/19 at 9:39 am to BigAppleBucky
quote:
Historically the Dred Scott decision helped lead to the Civil War. Pretty horrible.
I’m not sure I’d agree with that, or at least, I would argue that any role the Scott decision played in the origination of the Civil War was incredibly limited.
That war was coming anyway regardless.
Posted on 7/23/19 at 9:40 am to stickly
Dred Scott is the worst by far.
I also agree that those arguing against C.U. don’t understand the simple idea that my Constitutional rights don’t stop simply because I join a Corporation. A Corporation is a group of people legally joined together so that they can work toward a common goal whether it be a social issue or monetary profits. That group of people can decide to pool their money to lobby or to fund the campaign of a candidate.
C.U. recognizes that citizens have a right to augment their voice and monetary power by organizing which is part of my Constitutional right of assembly. This is what political parties, unions, and politically based or non-profit 501c3s do. They are also Corporations. Not to allow citizens to organize this way and contribute to/fund their endeavors would almost certainly leave the power to lobby and fund candidates to a wealthy few.
I also agree that those arguing against C.U. don’t understand the simple idea that my Constitutional rights don’t stop simply because I join a Corporation. A Corporation is a group of people legally joined together so that they can work toward a common goal whether it be a social issue or monetary profits. That group of people can decide to pool their money to lobby or to fund the campaign of a candidate.
C.U. recognizes that citizens have a right to augment their voice and monetary power by organizing which is part of my Constitutional right of assembly. This is what political parties, unions, and politically based or non-profit 501c3s do. They are also Corporations. Not to allow citizens to organize this way and contribute to/fund their endeavors would almost certainly leave the power to lobby and fund candidates to a wealthy few.
This post was edited on 7/23/19 at 9:42 am
Posted on 7/23/19 at 10:12 am to F73ME
Wickard is my go-to as well. By stating that every transaction had an impact on interstate commerce (even if that impact cannot be measured) it gave Congress vast new powers.
My 2nd is Kelo. SCOTUS basically shite on 200+ years of property ownership law by saying it was up to the state to pass laws limiting themselves from literally taking private property from one party and giving it to another.
My 2nd is Kelo. SCOTUS basically shite on 200+ years of property ownership law by saying it was up to the state to pass laws limiting themselves from literally taking private property from one party and giving it to another.
Posted on 7/23/19 at 12:29 pm to udtiger
quote:
The judicial branch was intended to be the weakest branch. It certainly was not intended to the the ultimate and final authority as to what is, and isn't constitutional.
First part is right, but the second part is absolutely wrong.
Posted on 7/23/19 at 12:30 pm to F73ME
Of the major historical decisions, I'd have to say Dred Scott.
Posted on 7/23/19 at 12:41 pm to CelticDog
quote:Yet Same people that say “ corporations shouldn’t participate in politics” have no problem with google, YouTube, Facebook, Twitter censuring political views they don’t agree with.
Companies can contribute to and effectively buy federal elections as if a person because legal fiction that companies are persons for other purposes.
CU was absolutely the correct decision
Posted on 7/23/19 at 12:43 pm to F73ME
quote:
Dramatically expanded power of the commerce clause of fed. government.
53 million murders since roe vs wade, there is no other decision worse than that
Posted on 7/23/19 at 12:43 pm to F73ME
It may not be the "worst" but I really don't like Village of Euclid v. Ambler, the decision that legitimized government imposed zoning laws.
Our cities developed a whole lot better before that happened.
Our cities developed a whole lot better before that happened.
Posted on 7/23/19 at 1:12 pm to F73ME
Roe v. Wade and not likely close. We will look back at abortion as the Holocaust of our times.
Posted on 7/23/19 at 1:21 pm to Y.A. Tittle
That is another sneaky bad decision that most people don’t know about. Most people would assume that little things like zoning laws and business licenses were always a part of life, but they were actually unconstitutional for much of this nation’s history. Zoning laws only exist thanks to Euclid, and that decision reversed a ton of precedent.
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