Quote:
Originally Posted by Chernabog
Well I think that is true in a vacuum. But the politician that simply votes his/her conscience, outside the political game and beholden to none is a creature that has gone the way of the jubjub bird.
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Indeed, the Constitution and numerous pieces of legislation rely on many "legislative facts" and assumptions about the world without bothering to define them or set them out. We know what life, liberty and property are without their being defined. Similarly, we know that our leaders lack integrity and devotion to the common good. Indeed, we fought a revolution over that.
Of course, if, in enacting the law, Congress had made a finding of fact that "the politician that simply votes his/her conscience, outside the political game and beholden to none is a creature that has gone the way of the jubjub bird," the law would certainly survive rational basis scrutiny.