Comments on: Constitutional law roundup https://www.overlawyered.com/2019/03/constitutional-law-roundup-14/ Chronicling the high cost of our legal system Sun, 03 Mar 2019 15:07:01 +0000 hourly 1 By: Harrison https://www.overlawyered.com/2019/03/constitutional-law-roundup-14/comment-page-1/#comment-353249 Sun, 03 Mar 2019 15:07:01 +0000 https://www.overlawyered.com/?p=72873#comment-353249 In reply to SPO.

… a plain, honest reading of the 1st Amendment says “Congress shall make no law…”.

Did Congress make any law regarding the Bladensburg Cross ?? No !

Thus the “Constitutional” issue is easily resolved.

Of course, the US Constitution text long ago ceased being the definitive source of Federal law. Mystical penumbras divined by medieval-robed SCOTUS priests now dominate.
SCOTUS has independently amended the Constitution hundreds of times.

]]> By: No Name Guy https://www.overlawyered.com/2019/03/constitutional-law-roundup-14/comment-page-1/#comment-353206 Fri, 01 Mar 2019 19:17:34 +0000 https://www.overlawyered.com/?p=72873#comment-353206 Epstein’s article is great reading. Thx for posting.

]]> By: SPO https://www.overlawyered.com/2019/03/constitutional-law-roundup-14/comment-page-1/#comment-353204 Fri, 01 Mar 2019 16:16:37 +0000 https://www.overlawyered.com/?p=72873#comment-353204 Regarding the cross–the thing’s been up there forever, and the courts are getting into the weeds about bushes etc. Ridiculous. The Supreme Court should have given the Fourth Circuit a summary reversal with a short opinion:

The Fourth Circuit believed that the work of those who have long since passed away should be undone because some people deemed themselves offended. Federal courts should only order the drastic remedy of removal in very limited circumstances. No one at the time of the building of this monument thought it illegal–that’s enough to let it stand, in perpetuity. The Fourth Circuit is Reversed.”

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