From 36222cc55121b0efefba046b1ae3cb510dc562b0 Mon Sep 17 00:00:00 2001 From: Petter Reinholdtsen Date: Tue, 24 Jul 2012 08:31:55 +0200 Subject: [PATCH] Clean up XML. --- freeculture.xml | 31 ++++++++++++++----------------- 1 file changed, 14 insertions(+), 17 deletions(-) diff --git a/freeculture.xml b/freeculture.xml index c255027..ecf7db8 100644 --- a/freeculture.xml +++ b/freeculture.xml @@ -11507,26 +11507,23 @@ phone off the hook, posted an announcement to our blog, and sat down to see where I had been wrong in my reasoning. -My reasoning. Here was a case that pitted all the money in the -world against reasoning. And here was the last naïve law professor, -scouring the pages, looking for reasoning. +My reasoning. Here was a case that pitted all the money in the world +against reasoning. And here was the last naïve law professor, scouring +the pages, looking for reasoning. -I first scoured the opinion, looking for how the Court would - distinguish -the principle in this case from the principle in Lopez. The - argument -was nowhere to be found. The case was not even cited. The -argument that was the core argument of our case did not even appear -in the Court's opinion. +I first scoured the opinion, looking for how the Court would +distinguish the principle in this case from the principle in +Lopez. The argument was nowhere to be found. The case was not even +cited. The argument that was the core argument of our case did not +even appear in the Court's opinion. Justice Ginsburg simply ignored the enumerated powers argument. -Consistent with her view that Congress's power was not limited - generally, -she had found Congress's power not limited here. +Consistent with her view that Congress's power was not limited +generally, she had found Congress's power not limited here. Her opinion was perfectly reasonable—for her, and for Justice @@ -11537,13 +11534,13 @@ they had worked so hard to defeat. But as I realized what had happened, I couldn't quite believe what I was reading. I had said there was no way this Court could reconcile -limited powers with the Commerce Clause and unlimited powers with -the Progress Clause. It had never even occurred to me that they could +limited powers with the Commerce Clause and unlimited powers with the +Progress Clause. It had never even occurred to me that they could reconcile the two simply by not addressing the argument. There was no inconsistency because they would not talk about the two together. There was therefore no principle that followed from the Lopez case: In -that context, Congress's power would be limited, but in this context it -would not. +that context, Congress's power would be limited, but in this context +it would not. Yet by what right did they get to choose which of the framers' values -- 2.51.0