How gullible Sen. David Long and crew must think Hoosiers are. I guess these guys think activists will get the warm and fuzzies and leave it at that. Rep. Smaltz needs to find a better mentor because the one he’s using is embarrassing him. First year law students could debunk this. The Constitution clearly tells us Congress has the power to decide these issues. It is a “political question” for Congress to decide and the courts are not to substitute their judgment for that of Congress. There are several doctrines of “judicial abstention” (cases which the federal courts will abstain from deciding) which federal courts have historically invoked to decline to decide an issue. I guess Long and his buddy are hoping the SCOTUS will not adhere to the principle of “judicial restraint.” If this legislation passes all it does is assure they will spend time and YOUR tax dollar$ fighting court battles that they will loose. Ironic isn’t it? COS advocates complain we need an Art V convention citing the SCOTUS as part of the problem but now they are relying on the court to solve their problems. COS’s plan requires that they are right 100% of the time and win every legal battle. The opposition only has to be right once for their convention of snakes to be a conservatives’ nightmare. Art. V delegates to Congress the power to “call” a convention – and Art. I, Sec. 8, last clause, delegates to Congress the power to make all laws necessary & proper to carry out its power to “call” the convention. Legislation here: iga.in.gov/legislative/2015/bills/house/1622
Posted on: Sun, 25 Jan 2015 01:47:27 +0000
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