Thread: Oh boy....
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Old 09-22-2020, 11:03 AM   #134
Pete F.
Canceled
 
Join Date: Jun 2003
Location: vt
Posts: 13,069
Why do you claim that?
The ultimate promise of jurisdiction stripping isn’t as a short-term stratagem to restore the courts’ partisan balance. It is a deeper remedy that can help put an end to the unhealthy situation in which Americans look to federal courts to resolve every important political question.
Congress could enact wealth tax legislation that includes a provision stripping the federal courts of jurisdiction to review the tax. In so doing, Congress would be advancing its own understanding of the meaning of the Constitution’s apportionment requirement—the exact scope of which is, in fact, subject to reasonable debate—and telling courts to stay out. If voters dislike what Congress has done (that is, if they disagree either with the tax itself or with Congress’s decision to limit judicial review), they can give their votes in the next election to candidates who oppose the tax, the jurisdiction-stripping provision, or both.

But your view is consistently

Judge giving liberal verdict - Activist judge

Judge giving conservative verdict - The constitution is a perfect document
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