Quote:
Originally Posted by dippin
The thing is that there is no "objective Constitutional scholar." People follow certain constitutional philosophies, and are generally consistent in following those philosophies. The issue is not whether he is liberal, it's whether the precedent backs him up.
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Agreed, but if one were to go find a Jeffersonian scholar, they would provide ample case law supporting a 10th amendment position.
I would contend that SCOTUS is looking forward to a 10th amendment case and that they are no friend to the other two branches right now. With a law of such magnitude, all the pumps are primed for a conclusive decision regarding modern federalism.