Thursday, October 27, 2005

Jurisprudence 101

ILLUSTRATED: We are all spokespersons for Democrats. Here is some verbal ammo.
**There is more on Judicial talking points under "Democratic Sound bites, by the issue" on the right.
"Judicial Restraint/Activism": Tell your friends that ideological jurists have a policy agenda. The Right claims that jurists should not legislate, but Scalia & Thomas have overturned more acts of Congress than anyone else. We think judges should interpret the Constitution as if it is 2005, not 1789. The economy and society evolves.

"Texturalist/Strict Constructionist": They read implicitly what they want and don't want. We need to understand history since the GOP wants to take us back to it.

Economic- The Right want to go back to the 1890s when business was much more powerful than government regulators. Beginning in 1937, the court was "restrained" and let Congress regulate the modern economy. Then starting in 1995 the court became, dare I say, "activist" and started to roll back regulations towards the 1890s.
Property- The Right perverts property rights to deny environmental regulations. And the right to discriminate.
Privacy- The intellectual forerunner to Roe v Wade was Griswald v Connecticut saying that a married couple has a "privacy" right to use birth control.

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