The Constitution is Not a Straight-Jacket

 

This is just a quick hit post. I saw a headline on yet another court action to stop the Trump administration from doing something that most people assume is within his administrative power to do. And the thought occurred to me that while the Constitution is famously not a “suicide pact” neither is it supposed to be a “straight-jacket” to limit what most people consider fairly common sense and typical government activity.

I am a limited-government proponent, so a court action stopping government action is not per se offensive to my constitutional sensibilities. But the form of law-fare that we have seen over the last two-plus years by progressives both on and off the bench is beyond frustrating. I have had it, and I hope the electorate will emphatically disapprove of this sort of obstruction by progressives in the next election cycle.

Discuss.

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  1. Misthiocracy secretly Member
    Misthiocracy secretly
    @Misthiocracy

    OmegaPaladin (View Comment):No, you are just a Motie.

    I don’t understand that reference.

    • #31
  2. Jason Obermeyer Member
    Jason Obermeyer
    @JasonObermeyer

    Cato Rand (View Comment):I don’t know what particular decision you’re talking about but the Constitution is precisely a straight jacket. The whole point was to create a federal government to do a few things that just couldn’t be done elsewhere, but to tie it in knots when it tried to do anything else.

    Generally I agree, but the problem here is that the Court found that the question was permissible under the statutes but that the decision to include it was invalid because it was based on Wrongthink.

    Now, if the government bases a decision that effects individual rights on Wrongthink, I am generally ok with the courts stepping in. An example being a zoning decision being made because the zoning official lives next to the applicant and he likes the neighborhood just the way it is for personal reasons.

    In this case, no one has an individualized right to have a particular question appear or not appear on the census. Consequently, the executive’s decision to include a question that is allowable under the statute should be left alone. Previous posters are right: this isn’t a limited government question but a question of who in the government can actually make a particular decision. In the case, the answer shouldn’t be the courts.

    • #32
  3. GLDIII Temporarily Essential Reagan
    GLDIII Temporarily Essential
    @GLDIII

    Misthiocracy secretly (View Comment):

    OmegaPaladin (View Comment):No, you are just a Motie.

    I don’t understand that reference.

    It is the antagonists from this science fiction series

    • #33
  4. Western Chauvinist Member
    Western Chauvinist
    @WesternChauvinist

    Not a lawyer here, but it seems this is the court usurping executive powers properly belonging in the executive branch — and all because Orange Man Bad. Ridiculous. Yes, I hope the electorate puts down this #resistance. 

    • #34
  5. Chris B Member
    Chris B
    @ChrisB

    Can someone explain to me why the state of New York had standing to challenge the Department of Commerce on a question on the census?

    Literally no harm can come to the state by its residents being asked a question.

    The question was found to be lawful, and the reason given for asking also lawful. Chief Justice Roberts decided that since he thought the Secretary of Commerce might have a reason other than the reason he stated in writing for the question, that it could not be asked.

    Having now determined that the question is lawful, and is not capricious or arbitrary per the Supreme Court opinion, the Secretary should give a new reason for including it.

    The question should be restored because the removal of the question by the previous administration was “arbitrary and capricious.”

    • #35
  6. Gumby Mark (R-Meth Lab of Demo… Coolidge
    Gumby Mark (R-Meth Lab of Demo…
    @GumbyMark

    Chris B (View Comment):

    Can someone explain to me why the state of New York had standing to challenge the Department of Commerce on a question on the census?

    Literally no harm can come to the state by it’s residents being asked a question.

    The question was found to be lawful, and the reason given for asking also lawful. Chief Justice Roberts decided that since he thought the Secretary of Commerce might have a reasonable other than the reason he stated in writing for the question, that it could not be asked.

    Having now determined that the question, is lawful, and is not capricious or arbitrary per the Supreme Court opinion, the Secretary should give a new reason for including it.

    The question should be restored because the removal of the question by the previous administration was “arbitrary and capricious.”

    In fact, it would have been the best course for the administration to have postured its entire proposal that way in the first place.  “We are going to restore a citizen question to the census in order to correct the bizarre choice of the prior administration to omit a question commonly asked in before.” 

    • #36
  7. Cato Rand Inactive
    Cato Rand
    @CatoRand

    Jason Obermeyer (View Comment):

    Cato Rand (View Comment):I don’t know what particular decision you’re talking about but the Constitution is precisely a straight jacket. The whole point was to create a federal government to do a few things that just couldn’t be done elsewhere, but to tie it in knots when it tried to do anything else.

    Generally I agree, but the problem here is that the Court found that the question was permissible under the statutes but that the decision to include it was invalid because it was based on Wrongthink.

    Now, if the government bases a decision that effects individual rights on Wrongthink, I am generally ok with the courts stepping in. An example being a zoning decision being made because the zoning official lives next to the applicant and he likes the neighborhood just the way it is for personal reasons.

    In this case, no one has an individualized right to have a particular question appear or not appear on the census. Consequently, the executive’s decision to include a question that is allowable under the statute should be left alone. Previous posters are right: this isn’t a limited government question but a question of who in the government can actually make a particular decision. In the case, the answer shouldn’t be the courts.

    Do we even know what Court decision the OP is about?  It doesn’t say.

    • #37
  8. Jason Obermeyer Member
    Jason Obermeyer
    @JasonObermeyer

     

    Cato Rand (View Comment):

    Do we even know what Court decision the OP is about? It doesn’t say.

    Everyone seems to be operating on the assumption that it was the Census question opinion.  That or that was the direction the thread took anyway. 

    • #38
  9. Randy Weivoda Moderator
    Randy Weivoda
    @RandyWeivoda

    Cato Rand (View Comment):

    I don’t know what particular decision you’re talking about but the Constitution is precisely a straight jacket. The whole point was to create a federal government to do a few things that just couldn’t be done elsewhere, but to tie it in knots when it tried to do anything else.

    I usually think of the Constitution as a set of shackles on power, but sure — straight jacket works, too.

    • #39
  10. The Reticulator Member
    The Reticulator
    @TheReticulator

    Randy Weivoda (View Comment):
    I usually think of the Constitution as a set of shackles on power, but sure — straight jacket works, too.

    I favor both, plus we should RFID them and make them wear body cams. 

    • #40
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