TOM DELAY VS MARBURY VS MADISON

TOM DELAY VS MARBURY VS MADISON….I blogged about this at ChezNadezhda but I want to highlight it again because it’s so important.

The other day, Tom DeLay said the following:

I blame Congress over the last 50 to 100 years for not standing up and taking its responsibility given to it by the Constitution. The reason the judiciary has been able to impose a separation of church and state that’s nowhere in the Constitution is that Congress didn’t stop them. The reason we had judicial review is because Congress didn’t stop them. The reason we had a right to privacy is because Congress didn’t stop them.

My emphasis.

This is absolutely unbelievable stuff. This isn’t just some lunatic shouting on a street corner somewhere. This is the House Majority Leader taking issue with a principle that was considered in Federalist 78, and then established and considered settled in 1803.

Over in the Senate, we’ve got the erstwhile cat-killer and now Senate Majority leader Bill Frist playing up conservative Christian victimization in order to spark, in Josh Marshall’s words, some kind of imagined “war between the believers and the unbelievers.”

Am I the only one who is just flabbergasted that this is happening here in 2005? Has the radical become mainstream?

UPDATE: I see via the Carpetbagger Report that Cass Sunstein has a piece in the LA Times about the broader anti-law campaign by “conservative” radicals. Sunstein concludes, ominously, that “what we are seeing, for the first time, is a fundamental challenge to the rule of law itself.”

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