In response to:

Verilli Not Administration's Worst Lawyer After All

Developer Wrote: Apr 04, 2012 9:44 PM
I'm surprised that Ann doesn't mention the judicial activism under FDR when the court allowed the Federal government to regulate what farmers could grow. Obama is right frot the standpoint of precedent. The supreme court completely ignored the constitution with that ruling. So the current court has two sources of conservatism...the constitution and precedent. Which will they follow?
wiseone Wrote: Apr 04, 2012 9:55 PM
FDR appointed 8 SCOTUS judges while in office. He also hatched a plan that would allow him to add a new judge whenever one of the existing judges reached age 70 and refused to retire, up to 6 new judges.

This plan failed when his own VP decided it was 'too much' and worked with Congress to defeat the legislation.

Too bad. It would have been interesting to see if the SCOTUS would have ruled such a law unconstitutional.
The reason tea partiers carried signs saying "Read the Constitution!" was that we were hoping people would read the Constitution.

Alas, we still have Rick Santorum saying Obamacare is the same as what he calls "Romneycare"; the otherwise brilliant Mickey Kaus sniffing that if states can mandate insurance purchases, then we're "not talking about some basic individual liberty to not purchase stuff" (no, just the nation's founding document, which protects "basic individual liberties" by putting constraints on Congress); and the former law professor, Barack Obama, alleging that a "good example" of judicial activism would be the Supreme Court (in his...