Conservative Policies - Granite Grok

Conservative Policies

For example, how about a “fundamental right” not to pay income taxes in a percentage exceeding that which other Americans are charged? Why isn’t the progressive income tax a violation of the equal protection clause? That is a much stronger argument than the one the Court has just accepted on gay marriage. Or, how about a theory that the Internal Revenue Service is violating Americans’ right of privacy-that same right of privacy that the Court found among the emanations and penumbras of the Constitution’s actual provisions-in seeking extensive information about taxpayers’ finances?

Or how about a fundamental right to affordable energy-or, rather, to be free of government policies that unreasonably raise the cost of energy? If the Supreme Court discovered such a right, the EPA’s anti-coal regulations would be unconstitutional. You could write a decision in support of such a “fundamental right” that would be at least as persuasive as Justice Kennedy’s “fortune cookie” travesty. What is more fundamental than heating your home and driving your car? To paraphrase Justice Kennedy, what if a voice cries out in the night, saying, “Honey! Can you turn the heat up?”

If conservatives are willing to abandon the archaic notion that the Supreme Court is a court and not a super-legislature, there is no telling what conservative policies might be advanced.” – John Hinderaker

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