3 ms·

Why stop there? Why not go back to Lochner?

• HaZeust 2y ago
  Lochner made it impossible for the legal pragmatic of our country's ontology to recognize corporations and enterprises as autonomous entities that should have checks and balances for - and against - themselves AND other entities of the government, just as much as citizens do. With how things shaped up, the innate de jure power struggle should have been "The People <> Legislative <> Judicial <> Executive <> Corporations" We're still paying the price, as the Lochner era was incredibly myopic.
• rayiner 2y ago
  That’s what I suggested: > But what would be more fun is for the current Supreme Court to adopt the “emanations from penumbras” philosophy of judging, and do that for a couple of decades. Let’s see what “emanations from penumbras” we can find in the contract clause, second amendment, tenth amendment, etc. If only conservatives had the sense to use Roe as a template for how to judging should work.