A Quote by Alex Kozinski

[Y]ou wonder why anyone would make the mistake of calling it the Commerce Clause instead of the 'Hey, you -can-do-whatever-you-feel-like Clause?
The logic is often far-fetched - how does medical marijuana affect interstate commerce? - and some conservatives would like judges to start throwing out federal laws wholesale on commerce clause grounds. The court once again said no thanks.
The 'takings' clause of the Fifth Amendment is for conservatives what the equal protection clause of the 14th is for liberals.
The takings clause of the Fifth Amendment is for conservatives what the equal protection clause of the 14th is for liberals.
I've made six films for Disney, and they have a clause in their contracts called the morality clause that I've always refused to sign.
I was at Hoffenheim under contract, there was a clause - I could only leave in 2019. When that clause took effect, there was no position free in Dortmund.
The framers never intended an infinitely broad Commerce Clause that would let Congress dictate individuals' purchases.
When you sign with a major label there is no guarantee that they are going to release it either unless you have a guarantee clause or a marketing clause.
To refer the power in question to the clause "to provide for the common defense and general welfare" would be contrary to the established and consistent rules of interpretation, as rendering the special and careful enumeration of powers which follow the clause nugatory and improper. Such a view of the Constitution would have the effect of giving to Congress a general power of legislation instead of the defined and limited one hitherto understood to belong to them, the terms "common defense and general welfare" embracing every object and act within the purview of a legislative trust.
The Supreme Court, in 2005, emphasized and contrasted the great power of Congress under the Commerce Clause to regulate interstate commerce versus much more limited federal power under the discarded Articles of Confederation.
The Commerce Clause has already been inflated so much that we basically can't do anything without the government's permission.
It wouldn't be fair to say that conservatives cherish property the way liberals cherish equality. But it would be fair to say that the takings clause is the conservatives' recipe for judicial activism just as they say liberals have misused the equal protection clause.
It wouldn't be fair to say that conservatives cherish property the way liberals cherish equality. But it would be fair to say that the takings clause is the conservatives recipe for judicial activism just as they say liberals have misused the equal protection clause.
Lexical variety, eccentric constructions and punctuation, variant spellings, archaisms, the ability to pile clause on clause, the effortless incorporation of words from other languages: flexibility, and inclusiveness, is what makes English great; and diversity is what keeps it healthy and growing, exuberantly regenerating itself with rich new forms and usages.
A politician will always tip off his true belief by stating the opposite at the beginning of the sentence. For maximum comprehension, do not start listening until the first clause is concluded. Begin instead at the word 'BUT' which begins the second, or active, clause. This is the way to tell a liberal from a conservative - before they tell you. Thus: 'I have always believed in a strong national defense, second to none, but...(a liberal, about to propose a $20 billion defense cut).
Political courage requires clarity. The Obama Administration chose the tortured route of arguing the legality of the individual mandate via the interstate commerce clause for one simple reason: it did not want to take the political risk of allowing opponents to call it a tax increase. That was stupid. The Republicans were calling it a tax increase anyway.
If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything-and the Federal Government is no longer one of limited and enumerated powers.
This site uses cookies to ensure you get the best experience. More info...
Got it!