Thursday, September 15, 2005

Federalist or not

The biggest fight this week occurred in the form of a very careful joust between Republicans and Democrats and Judges in the middle. It wasn't about politics or even ideology. It was about states rights vs. national rights. In listening to the congressmen you got a sense of the following exchanges:

Senator Bob R-XX: Judge Roberts, how do you feel about the court striking down evil democratic bill A?
Judge Roberts: I have no quarrel with the court deciding to let the states make that decision themselves.
SB: I'm glad to hear that. How do you feel about the court striking down good republican bill B?
JR: I have no quarrel with the court deciding to let the states make that decision themselves.
SB: Judge Roberts, am I hearing you correctly? Do you actually feel that republican bill B is a bad thing?
JR: All I am saying, Senator Bob, is that the constitution indicates that those decisions be left to the states.

Of all the ways in which Roberts may or may not resemble Rehnquist, the most fundamental is in his views of States rights. He is a Federalist. A lost ideology in this day and age.

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