Thoughts on Today's Political Landscape

[TracyCoxx]

Originally Posted by smc

But as I have stated over and again in this particular discussion, my point is about the inherent subjectivity -- independent of all other things -- of deciding the so-called "constitutionality" of anything that is not specifically referenced in the Constitution.

And as I have responded, amendments have been made to the constitution to allow certain laws which were declared unconstitutional because they had no basis in the constitution. Don't you think that says something about laws being made that aren't specifically referenced in the constitution?

Originally Posted by smc

And, after all, isn't what the Supreme Court issues an OPINION?

I was under the impression that they issued rulings. They will explain their position as an "opinion". But realize that this is different than the casual usage of opinion and that terms may have different meanings in the context of law. A "judicial opinion" or "opinion of the court" is an explanation of the order or ruling which lays out the rational and legal principles that the justice relied (in principle, not personal opinion) on in reaching their decision.

Originally Posted by smc

As for recusal, why shouldn't Clarence Thomas recuse himself, too? He and his wife have both benefited from specific political contributions made to his wife's organization

I have no idea what his wife's organization is.