Thursday, April 05, 2012

LETTER TO THE SUPREME COURT

In one respect, I believe that the U.S.Constitution does not grant the Supreme Court the sole right to interpret it and that Marbury v. Madison was a flawed decision as was Roe v. Wade. The Supreme Court is authorized to apply the appropriate parts of the constitution to the facts of a given case to come up with a decision that is binding on the litigants. Any disputes as to what the constitution means should be resolved by amendment to clarify it, not by judicial legislating.

As for Obamacare, the Supreme Court should decide whether it is a power given to the federal government by the commerce clause or is it a takeover of the health industry giving control of free enterprise to the government. The power to regulate allows the government to pass legislation ensuring competition and fairness between companies operating in the numerous states; in other words, to create a level playing field. It also must legislate to protect the public from harmful and deceptive practices by companies operating across state lines. The federal government has assumed control of many industries, such as education, environment and energy in direct contradiction to the intent of the founding fathers to limit its' power over the states and we the people.

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