Heritage
..."One vote could decide both the immediate election and the course of constitutional law for decades to come."
....
"Consider a small sampling of recent decisions where a single, misconceived vote mattered.
..."One vote could decide both the immediate election and the course of constitutional law for decades to come."
....
"Consider a small sampling of recent decisions where a single, misconceived vote mattered.
•In McCreary County v. ACLU, the 5-4 majority held that the display of the Ten Commandments in a county courthouse violated the Establishment Clause because it was supposedly not sufficiently integrated with a secular or historical message.As Americans go to the polls this month, they should ponder President Reagan’s words: “Those who sit in the Supreme Court interpret the laws of our land and truly do leave their footprints on the sands of time. Long after the policies of Presidents and Senators and Congressmen of any given era may have passed from public memory, they’ll be remembered.” Every vote does, indeed, count.
•In Kelo v. City of New London, a thin majority decided that a city may take private property—including people’s homes—and give it to a big corporation, supposedly to generate more tax revenue. This decision ignored the clear constitutional requirement that property be taken only for “public use.”
•In Massachusetts v. EPA, the Court usurped a political question from the legislative and executive branches and jumped into the middle of the global warming regulatory debate. In so doing, it overturned the Environmental Protection Agency’s reasoned decision not to regulate greenhouse gas emissions, and required the EPA to adopt a regulation.
•And no discussion of controversial 5-4 decisions would be complete without mentioning the Court’s decision in NFIB v. Sebelius last June. There, a bare majority upheld the Patient Protection and Affordable Care Act under the guise of reading its individual mandate as a tax.
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