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Is The New Deal Unconstitutional?

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Posted By: Hazymac, 5/20/2022 8:14:20 AM

Well, duh—the obvious answer is YES. But that hasn’t been a winning argument in the Supreme Court since 1935 unfortunately. In the aftermath of the leaked Dobbs opinion, the left has been in a panic about what other “rights” the Supreme Court might take away, like the right to same sex marriage, inter-racial marriage, contraception, and watching European soccer in the middle of the night. The left lacks imagination, and apparently an overabundance of paranoia only takes you so far. Our favorite working satirist (now that Ammo Grrrll is retired from standup), David Deeble (I’m tempted to call him Ammo Guuuyy just to have a matched set) has written over at

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Repeal the New Deal? That achievement is 85 years overdue, but legally worthy. The Left will not be pleased, but they live in a constant state of displeasure anyway. Let 'em stew.

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Reply 1 - Posted by: sw penn 5/20/2022 8:44:49 AM (No. 1160741)
"A lot of the modern protections Americans take for granted, from food and water that doesn’t constantly make us sick to a financial system not entirely built on rolling Ponzi schemes, result from regulations put in place by government agencies. Legal wonks call this the “administrative state,” and it is a relatively new construct. . ." Writer has no sense of irony. The government seem more and more like the biggest Ponzi scheme in history. Taxpayers pay and pay, get little good, and much bad for their money. While insiders get fabulously wealthy. The whole scheme protected and perpetuated by those inside, those who want to be inside, and those who don't want to go to jail for having been inside...
7 people like this.

Reply 2 - Posted by: curious1 5/20/2022 9:10:39 AM (No. 1160765)
Exactly, #1. A government mandated program called Social Security is the biggest Ponzi scheme in existence today. Our ancestors in the previous century failed in their duty as citizens to immediately hang the commies when they first revealed themselves.
6 people like this.

Reply 3 - Posted by: downnout 5/20/2022 9:41:59 AM (No. 1160812)
I don’t believe this so-called leak. The words are not those of a Supreme Court Justice. They sound more like the rantings of a left-wing zealot hoping to fire up the thugs and goons.
0 people like this.

Reply 4 - Posted by: Vaquero45 5/20/2022 9:51:23 AM (No. 1160824)
Sounds like a good idea to me. I’m all for it. The “New Deal” was one of the worst things that ever happened to representative government in America. It paved the way for the Deep State. With five conservative, smart justices and several well-timed lawsuits, we could destroy this monster.
2 people like this.

Reply 5 - Posted by: 49 Ford 5/20/2022 9:53:31 AM (No. 1160828)
Fantasy Island.
1 person likes this.

Reply 6 - Posted by: Gordon Mills 5/20/2022 10:03:21 AM (No. 1160840)
I have long contended that the USA began it's decline to 2nd tier country with the election of FDR and his promotion of Social Security. The allure of government providing monthly payments when a taxpayer reached 65 years old or just a few pennies per paycheck was a no-brainer. The election of LBJ steepened the slope by his successful promotion of Medicare. Again, the allure of government providing access to medical care for just a few pennies per paycheck was another no-brainer. In addition, the GI Bill ingrained into the consciousness of the residents that providing education was a government function provided at no or low cost. This led to the disastrous student loan program. Today, young people look to the government to provide their needs because that's they way they have been raised and educated.
2 people like this.

Reply 7 - Posted by: DVC 5/20/2022 11:30:00 AM (No. 1160923)
We can only hope and pray that this is just the beginning of The Great Unraveling of the layer after layer of patently unconstitutional rulings that have been festering in our country for many decades. Roe is barely the tiniest tip of a huge iceberg. A particularly useful miscarriage to reverse would be to overturn the purely BS, totally unconstitutional Wickard vs Filburn case, misruled in the early 40s. Mr. Filburn, a farmer, was ordered by the government to only plant 11 acres of wheat by the feds, but he planted twice that, and planned to feed half of it to his chickens, so it would never leave his property, and so that extra wheat was clearly NOT in interstate commerce. Any idiot can see that. Yet the evil drones in the Supreme Court at that time found that this WAS interstate commerce and was legally regulated under the Interstate Commerce Clause of the Constitution. HUGE swaths of other insane, absolutely abusive, and unconstitutional laws are layered on top of this BS Filburn ICC ruling. Pulling out this rotten, stinking foundation stone would collapse a LARGE chunk of the evil federal administrative state, boom, right on the ground.
4 people like this.

Reply 8 - Posted by: pensom2 5/20/2022 8:53:20 PM (No. 1161406)
Relax, folks. A big chunk of this piece is simply satire, originating from https://ricochet.com/category/culture/humor/ I do, however, like the Fifth Circuit case cited near the end of the piece regarding SEC administrative courts being violative of the separation of powers doctrine and of the right of trial by jury. SCOTUS will certainly have to review that one, if it survives an en banc review by the entire Fifth Circuit.
1 person likes this.

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