One conservative legal scholar had this to say to me: "Romney's
position is that the line item veto is a good thing so Congress
must be able to enact it by statute. This is liberal result
orientation. The Constitution does not empower Congress to
legislate every good thing under the sun. It is a good but not
perfect document. It is a mistake to think that because something
is good, Congress must be able to do it or there must be a
constitutional right protecting it." Also Kmiec's touting of
originalists sans Thomas is not exactly an advertisement for
selecting judges without litmus tests or results oriented
aims.
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