I don't think your dim.
Your talking about legislating from the bench. The ninth in particular dictates that what is not clearly spelled out as a federal area of jurisdiction, is left to the states or the people. Therefore anything the federal government does, which is not authorized by the constitution, or even further is prohibitted by the constitution, is UNCONSTITUTIONAL. We have exceptions for interstate commerce, but the Supreme Court, legislated from the bench, that this includes non-commercial activity conducted exclusively within a single states borders.
That's it. Reaching for federal jusrisdiction is 'legislating from the bench.'
I can see how this might be the preferred method of getting around the constitution, especially from the left, since changing it so difficult, and the super majority required would never approve of the lefts pet projects, but it doesn't make it any less unconstitutional.
And I'm not favoring republicans over democrats, since the republicans have now seen how effective the democrats tactics have been...they are adopting them.
The republicans are not conservative or even on the right, political spectrum wise.
That said...the difference between the left and right is clear, and both the democrats and the republicans fall on the left, just that the democrats are more so.
-bear
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It's alot easier to ask for forgiveness then it is to ask for permission.
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