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[QUOTE]Originally posted by USS Vanguard: [QB] [QUOTE]Originally posted by Omega: [qb][i]In the strict almost Jeffersonian sense of the Constitution, it was most definately an invasion of States rights. But of course, it was needed.[/i] See, that's called facism. "Do what's necessary, and screw the law." [/qb][/QUOTE] Okay, here's the thing. As you can see, it is an invasion in the Jeffersonian strict construction/conservative way. BUT of course that is not the only way to look at it. That's the thing about law. Its so difficult to take an extreme and stick with it, because someone always has another view that has its own merits. It may not be wrong. I mean look at Marshall. He is perhaps one of the most celebrated men in US history. He established a strong judicial branch and enhanced the power of the federal government. Does that make him a fascist? It is his basic ideas of a strong central government, which he establishes in part by allowing a broad defination of interstate commerce in Gibbons v. Ogden. "Liberals" as you call it would trace their ideas of a strong congress to Marshall. Is he simply wrong? Why is he so admired then? However, when it comes to my own opinions on the CRA cases of the 1960s, I do feel that Congres and the courts overstepped their bounds a little bit. Hardly fascism, but it was definately a stretch NOT a break of the Interstate Commerce Clause. [/QB][/QUOTE]
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