Sunday, January 29, 2006

Judicial Fidelity

For any interested in reading an article that describes good examples of how neither side of the political ideaological spectrum behaves consistently with regard to constitutional interpretation, see the article "Euthanize Federal Mission Creep" at www.reason.org.

The article discusses how conservative justices who frequently seek to limit the power of the federal government - over issues such as environment regulations, gun control, and labor regulations - will choose to expand the power of the federal government (allow it to "creep" into areas of traditionally state authority) over other matters they don't trust states with, such as assisted suicide, medical marijuana laws, etc.

Of course, the opposing argument is that liberal judges prefer federal protection for abortion rights and civil rights and are willing to accept expansive federal regulation on environmental issues, gun control, etc., and yet balk at the exercise of federal authority over those laws restricting the use of medical marijuana or assisted suicide.

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