If Sanders was elected, his entire agenda became law... then SCOTUS
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  If Sanders was elected, his entire agenda became law... then SCOTUS
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Author Topic: If Sanders was elected, his entire agenda became law... then SCOTUS  (Read 963 times)
Blue3
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« on: June 22, 2019, 03:07:44 PM »

Let's say President Bernie Sanders enacted his entire agenda into federal law, with a Democratic super-majority in Congress, in 2021-2022.

What would be struck-down by the Supreme Court?
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brucejoel99
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« Reply #1 on: June 23, 2019, 04:11:39 AM »

I could see a conservative Supreme Court striking down a tax on net worth (rather than income) as unconstitutional, though admittedly that's more a Warren policy than a Sanders policy.
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America Needs a 13-6 Progressive SCOTUS
Solid4096
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« Reply #2 on: June 28, 2019, 09:13:34 PM »

All of it (in the Courts current composition). Which is part of why Court Packing is absolutely necessary.
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #3 on: June 29, 2019, 08:14:32 AM »

I could see a conservative Supreme Court striking down a tax on net worth (rather than income) as unconstitutional, though admittedly that's more a Warren policy than a Sanders policy.

Yeah, a wealth tax as opposed to an income tax is clearly a direct tax and has to be apportioned by the States which is so complicated Congress never passes direct taxes. That said, I think we actually have the capability now to implement a direct tax that isn't a simple poll tax (poll as in per head, not per vote) Considering how such a tax would be apportioned, it would certainly make Wyoming howl. Vermont wouldn't have much reason to be happy either.
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Blue3
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« Reply #4 on: October 04, 2019, 08:15:19 PM »
« Edited: October 04, 2019, 08:32:08 PM by Blue3 »

What about the plans on healthcare, education, energy/environment, housing, banking/finance, childcare, paid leave policies, criminal justice reform, and political reform?
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Orser67
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« Reply #5 on: October 09, 2019, 12:03:09 PM »

Given that Obamacare barely survived in 2012 (NFIB v. Sebelius), and that challenge was generally seen as a longshot before it worked its way through the courts, I'd be quite concerned about how the Supreme Court handles any major legislation passed by Democrats. Any major health care law may, in a sense, be provisional until the Supreme Court upholds it. I would be especially concerned about the court's take on the constitutionality of banning private insurance.

A lot may depend on Roberts's notions of judicial restraint.
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Frozen Sky Ever Why
ShadowOfTheWave
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« Reply #6 on: October 09, 2019, 12:31:36 PM »

Even if it wasn't struck down, the GND as described on his website could not realistically be implemented in full.
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