June 30, 2015

The seeds of revolt

This week we saw the Supreme Court, on at least in two major instances, outright ignore plain language and substitute what they thought the "intent" was.

Regarding ObumbleCare, the word "states" doesn't mean, well, "states."

Regarding the Arizona state legislature's right to draw legislative districts, the word "legislature" doesn't mean "legislature."

The latter is even worse, arguably, because the words are not in a mere law, but in the Constitution itself.

As I recently opined, how long will it be before we're told that "the right to bear arms" doesn't mean "the right to bear arms"?

Posted by Hube at June 30, 2015 11:49 AM | TrackBack

Comments  (We reserve the right to edit and/or delete any comments. If your comment is blocked or won't post, e-mail us and we'll post it for you.)

I actually think the Supreme Court got it right in the Arizona case. Yes, the Constitution says legislatures set the "time, place, and manner" of the elections, but does that automatically extend to drawing district lines? I would argue that it does not -- that the requirement is satisfied by allowing the legislature to establish the date and time of the election, a mechanism for setting up polling places, and the form (secret or open ballot, paper or electronic form) for electing officials. The people may establish a different form for actually designing the districts.

Posted by: Rhymes With Right at July 10, 2015 07:24 AM

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