Doomed to Repeat History
March 16, 2009, 9:44 am
Filed under: Ian | Tags: ,

I’m inclined to think that, as a matter of law, Jack Balkin is right that Congress cannot alter the separation of powers set up by the South Carolina Constitution, and thus the part of the stimulus plan which allows the state legislature to overrule Governor Sanford’s unconscionable decision to refuse some of the stimulus dollars is likely unconstitutional.  That said, as anyone who studied the 1930s knows, that decade was marked by a struggle between President Roosevelt’s efforts to save the nation from the Great Depression, and the Supreme Court’s efforts to declare the New Deal unconstitutional.  The conservative Supreme Court lost that struggle big time, and Roosevelt’s constitutional values held a monopoly in our constitutional discourse for three generations as a result.

So while I think it is sad for South Carolina that it is ruled by an opportunistic ideologue, and while it is equally sad that the Constitution probably allows Governor Sanford to get away with frakking the people he was elected to help, I take some solice in the fact that, if conservative judges ever do start striking down parts of the stimulus plan, they’ll be paving the road to their replacement.


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[…] at AIG get what they deserve, or the Court strikes it down, in which case the public will be outraged at our judiciary and the conservatives who dominate it. No Comments so far Leave a comment RSS feed for comments on this post. TrackBack URI […]

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