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Friday, February 25, 2011

Ind. Law - Interesting item from Senator Delph

Senator Milke Delph, who just took the Indiana bar this week, has posted this entry today in his Senator Delph's Blog. Here is a snippet:

Mr. Pence was equally outstanding focusing again on his desire to restore Federalism and Original Intent into our balance of powers. He clearly understands that the Federal Government is involved in much more than our Founders believed was to be within its jurisdiction. We have allowed the courts over time through the common law system to re-write the plain meaning of our founding text without any real direct authority to do so.

This is really going to be the rub with my friends in the Tea Party who continue to pull out the text of the US Constitution and ask if not demand why we aren't following the language. The answer is over 200 years of case law or common law which has been allowed to interpret away the plain meaning. Can't wait for the moment that Speaker Boehner in response to a question turns and says, "Well the US Supreme Court says..." That's when the sparks will really start to fly.

Hmm, hope there were no questions on the bar exam about Marbury v. Madison.

Posted by Marcia Oddi on February 25, 2011 10:28 AM
Posted to Indiana Law