Wednesday, November 23, 2016

Due Process vs States Rights vs Just Fix Democracy

A Texas judge blocked President Obama's bid to expand overtime pay protections to millions of Americans on Tuesday, thwarting a key presidential priority just days before it was set to take effect. The Labor Department rule would have doubled the salary level at which hourly workers must be paid extra for overtime pay, from $23,660 to $47,476. Siding with business groups including the U.S. Chamber of Commerce, Texas District Judge Amos L. Mazzant III halted it.
I haven't read the case, but I suspect we have the usual conflict.  How  much due process should we allow when states enforce federal edicts?  Due process should only apply to state actions. And when does states rights conflict with the enforcement of federal edicts, it is the local sheriff who is empowered to empty our account.

It's a tough one, and made more complex when Sotomayor half fails in her attemp to dump due process.  Contrast this with California, there is no internal legal tradition in our state at all, we never had legal traditions beyond petition the king for he right to sue.

We do not have the answer, and the current Supremes are simply wandering about, and the courts are jamming up as the proportional voting becomes more imbalanced.

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