The federal judiciary has had a chip on its shoulder ever since Alexander Hamilton described it as the “weakest of the three departments of power.” From Marbury v. Madison and McCulloch v. Maryland through to its present day progeny, federal judges consistently misinterpret the Constitution and misinterpret the powers assigned to them therein. In fact, for decades the district courts, courts of appeal, and the Supreme Court have gone out of their way to show that they can obliterate the Constitution just as powerfully as their sister branches.
The census data, along with the Republican gains in state legislatures and governorships, means that Democrats face a grim decade in House elections. Regions and states which historically have supported Democrats lost seats or, in the case of California, for the first time did not gain seats in the House of Representatives. States that have become conservative Republican core areas — Texas, South Carolina, Georgia, Arizona, Utah, Florida, North Carolina, and Idaho — gained seats. Elected officials closely associated to the Tea Party, such as Senator DeMint, Senator-elect Rubio, Governor Brewer, and Governor Perry, are strengthened by these gains.
Moments ago, the United States Senate voted 71-26 to approve ratification of the New Strategic Arms Reduction Treaty, also known as New START. The treaty replaces an expired START that limits the number of nuclear weapons that may be maintained by Russia and the United States, and implements a joint system for verification.
The U.S. Federal Communications Commission took a big step forward toward legislating government regulation of the Internet Tuesday with a bureaucratic vote in favor of so-called “net neutrality” rules, despite the past rejection of such measures by Congress and the courts, not to mention the prohibition on government meddling in speech and the press listed in the First Amendment to the Constitution.