The Constitution says...The Constitution means...
One of the fun features that Mad Magazine would occasionally so was "what they say - what it means."
Well, it's time for a look at the Supreme Court and the US Constitution...
| What the constitution says: | What it (apparently) means: | Cite |
|---|---|---|
| The Congress shall have Power...To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; | "Among" really means "within." "Commerce" really means "no commerce." Someone can't grow marijuana in their own house, for their own use, with no intent of selling it anywhere, much less across state lines, even if the people of his/her have decided that it's a lawful activity. | Raich |
| Congress shall make no law … abridging the freedom of speech, or of the press | Congress can determine who spends what on elections, who gets to advertise, how and when and where they do it. Congress can even stop advocacy groups from advertising in the run-up to elections. Because none of that activity involved in getting political messages out actually qualifies as "speech." | McCain-Feingold |
| No person shall ... be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. | City and state governments can take your house and land away, even though it's not "blighted", even though it's well-maintained and you've been there for 60 years, and give it to someone else as long as they promise to generate higher tax revenues (or at least make generous campaign contributions to local officials…) | Kelo |
| The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. | The powers reserved to the States can't actually be exercised by those States, however, if they're exercised in a manner that offends the sensibilities of 5 members of the Supreme Court, or their liberal friends, or the grand high muckety-mucks of those "civilized" nations in Europe in which those justices would like to vacation. | Lawrence |
| Excessive bail shall not be required...nor cruel and unusual punishments inflicted. | "Cruel and unusual" means "the French don't do it that way…" | Roper |
| No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States...nor deny to any person within its jurisdiction the equal protection of the laws. | "Equal protection" means "UN-equal protection" | Grutter |
More from:
0 Comments:
Post a Comment
Comment?
<< Home