By every measure of judicial activism, and this has been done by political scientists who are in effect only looking at outcomes -- not substance -- the most "activist" justices on the Court in the last 50s years have been Scalia and Thomas, followed by Rehnquist. They have voted to overturn more federal and state legislation than any other justices.
When people complain about "activist" judges, is this what they have in mind?
----
Paul Finkelman
President William McKinley Distinguished Professor of Law
Albany Law School
80 New Scotland Avenue
Albany, NY 12208
518-445-3386 (p)
518-445-3363 (f)
[log in to unmask]
www.paulfinkelman.com
--- On Fri, 9/11/09, Sam Treynor <[log in to unmask]> wrote:
From: Sam Treynor <[log in to unmask]>
Subject: Re: [VA-HIST] STATE'S RIGHTS ON THE COMEBACK
To: [log in to unmask]
Date: Friday, September 11, 2009, 10:34 AM
There is a good collection of essays in favor of a right of secession in
Secession, State & Liberty, edited by David Gordon.
Sam Treynor
-----Original Message-----
From: Discussion of research and writing about Virginia history
[mailto:[log in to unmask]] On Behalf Of John Philip Adams
Sent: Saturday, September 05, 2009 7:13 AM
To: [log in to unmask]
Subject: Re: [VA-HIST] STATE'S RIGHTS ON THE COMEBACK
STATES RIGHTS have to be reinstated. This usupation of our ancestors hard
fought Constitution is not to be decimated by activist judges and imbevelant
citizenry.
It is almost 9-11 and we must remember all of our fallen warriors who have
died to protect the Constitution from all of our enemies, domestic and
foreign.
JP Adams
Texas
-----Original Message-----
From: Discussion of research and writing about Virginia history
[mailto:[log in to unmask]] On Behalf Of [log in to unmask]
Sent: Tuesday, June 02, 2009 11:59 AM
To: [log in to unmask]
Subject: Re: STATE'S RIGHTS ON THE COMEBACK
The Rights of the States was clearly enumerated by the 10Th Amendment; all
powers not enumerated in the Constitution are reserved to the People and
States. The Federal government has usurped the rights of the people and
states more times than we can count since the end of the Civil War. The
states need to reassert "THEIR" rights. My dogeared copy of the
Constitution seems quite clear on the rights of states; maybe not the right
of session (which I would not want to see) but the right to govern the
people at the local level. Let the Federal government DO what the
Constitution promulgated and leave the everything else to the people and
states. The Federal Government can not even protect our economy, ideology
or borders, their primary enumerated function.
Carl M. Dozier, LTC, AUS, Ret GOLD STAR FATHER Proud father of SSG Jonathan
Kilian Dozier KIA Sinsil, Iraq 01-09-08...
Hammer Company (Scouts) 3rd Squadron/2nd Stryker Cavalry Regiment "SCOUTS
OUT!"
816 Weatherby Court
Chesapeake, Virginia 23322-3481
"Illegitimus non Carborundum"
"Life is tough...it's tougher if you're stupid." John Wayne
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From: JEFFREY D SOUTHMAYD <[log in to unmask]>
Subject: Re: STATE'S RIGHTS ON THE COMEBACK
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The Constitution is as the Supremes interpret it.? You seem to think it is a
"black and white" creation.? It is not.? In fact, the Founding Fathers did a
really poor job, in my opinion, making it clear what they intended within
the four corners of that document, as continuing legal precedent clearly
evidences.? Thus, these Harvard and Yale educated lawyers have a free rein
to read what they want into the document, including the "emanations from a
penumbra" style interpretations by judicial activists that legalized
infanticide.
States rights may indeed make a Constitutional comeback.
J South
-----Original Message-----
From: John Philip Adams <[log in to unmask]>
To: [log in to unmask]
Sent: Mon, 1 Jun 2009 9:07 pm
Subject: Re: STATE'S RIGHTS ON THE COMEBACK
I am confused. I thought we were operating under the Constitution of the
United States of America, not the articles of confederation, the UN charter,
the constitution of France or Germany or Lord forbid the wahtever Scotland
is operating from at this time..
What is so hard to understand. We are operating under the CONSTITUTION of
the USA.
Are there so many uneducated attorneys and judges who do not know the
differnce or did they go to a different law school than most of those not
graced with attending Yale or Harvard?
John Philip Adams
TEXAS
-----Original Message-----
From: Discussion of research and writing about Virginia history
[mailto:[log in to unmask]] On Behalf Of Kevin Gutzman
Sent: Wednesday, October 08, 2008 4:08 PM
To: [log in to unmask]
Subject: Re: STATE'S RIGHTS ON THE COMEBACK
In response to Kevin Hardwick's post on federalism, which echoes
Hamiltonian propaganda of the 1790s and John Marshall's/Joseph Story's
Supreme Court opinions of the first quarter of the 19th century in falsely
associating the compact theory of federation with the Articles of
Confederation, I recommend chapter 3 of my 2007 book, _Virginia's American
Revolution..._. There, I demonstrate that the compact theory was very
clearly elaborated by Virginia Federalists -- not anti-Federalists -- in
the Richmond Ratification Convention of 1788.
Kevin Gutzman
I doubt very much that the current court will revive the compact theory of
Federation--that is, the federalism of the Articles of Confederation.
The court still finds the Federalist Papers authoritative. Consult
Federalist numbers Seven, Eight, and Nine to see why the alleged right of a
state to secede from the Federal Union violates the fundamental purpose of
the Federal Constitution.
You may also find it useful to read David Hendrickson, PEACE PACT: THE
LOST WORLD OF THE AMERICAN FOUNDING.
All best,
Kevin
Kevin R. Hardwick, Ph.D.
Department of History
James Madison University
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