Porteroso said:
whiterock said:
Porteroso said:
whiterock said:
As I've said many times...when you're making the "it's unconstitutional" argument, you're losing the argument.
Really? You are one of those shred the Constitution, start over types?
No. The way you defend the constitution is to defeat bad ideas on the merits, rather than making esoteric legal arguments that have never peen persuasive to the public. If all you do is say "…you can't do that!….respect the Constitution!!!!…" then the people making a substantive argument are likely going to get the policy enacted and then it goes into effect. THEN you have to litigate to overturn it in court, OR spend your own political capital trying to repeal it (capital that could be otherwise use to get your own agenda passed). How often do things get repealed, anyway (not bloody often).
If all you've got is "it's unconstitutional" you're probably going to lose on the issue at hand (whether it's constitutional or not).
What a load. Nope.
In this country, we follow the Constitution, and if we dont, we eventually pay for it. You can have all the merited arguments you want, but when your merits come up against the Constitution, the Constitution wins.
It is called the rule of law, not the rule of merit. Look it up sometime.
whoosh.
The way the country actually works is a law gets passed after a lot of debate. If the totality of your contribution to the debate is "this is unconstitutional," you are making yourself irrelevant to a debate which will focus on the merits/demerits of the proposed law.
So the law passes. Then the Executive has to form rules on how the law will be implemented. Then, both the law and the rules get litigated. That litigation can goes thru as many as three levels of courts. Only after that is done, YEARS AFTER THE LAW HAS BEEN IN EFFECT, will we finally know whether it was all constitutional or not. GOP was quite convinced Obamacare was unconstitutional. How'd that turn out? Look at Trump's tariffs. Have any been refunded yet? Have tariffs gone away?
If you don't win the argument on the merits of medicine or tariffs, you are probably going to get the medicine and the tariff policy you don't want. So engage in the democratic process and let the courts sort it all out.