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Old 05-05-2016, 06:19 PM
 
8,275 posts, read 7,947,458 times
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Quote:
Originally Posted by GregW View Post
The Supreme Court is supposed to base their ruling on LAW not popular whim. I may disagree with some of their decisions but I prefer to keep them as far away from politics as possible.
My favorite genre is fantasy too.
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Old 05-05-2016, 06:22 PM
 
45,226 posts, read 26,443,162 times
Reputation: 24980
Supreme Court justices are just robe wearing politicians.
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Old 05-05-2016, 06:27 PM
 
46,951 posts, read 25,990,037 times
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Seems like the bit about this "Alliance Coalition" having power to overrule the Supreme Court is mysteriously missing from my copy of the US Constitution.
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Old 05-05-2016, 06:53 PM
 
Location: Old Mother Idaho
29,218 posts, read 22,365,741 times
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Bowing to public opinion is a real good way to bring ruination this nation so fast it would make everyone's head spin.

Public opinion can turn 180º in a matter of hours. It's like the wind, constantly shifting in direction and strength. What's favorable today can be completely the reverse tomorrow. Our founding fathers understood this very well. The checks and balances written into the Constitution are both a barrier against the always shifting winds, and a method to slow the strongest down.
Democracy only continues to work for as long as it is difficult. When things become too easy to pass laws, everything in democracies goes to hell in short order, and then the system starts to fall apart. Too much agreement is just as bad as not enough agreement.

Everything in our democracy relies on compromise; that's the only way anything ever happens under our system. When compromise breaks down, so does the government. But so far, only the Civil War was the time when the failure to compromise caused a complete breakdown. And, of all the democracies that have ever existed in the world, only the United States has undergone only one civil war.

The greatest weakness in democracy as a system of government is it's lack of protection of falling into dictatorship. When public opinion takes over, dictatorship always follows.
And then civil war, or a war of expansion, always follows as soon as a dictator comes to power.

History is chock full of examples.

A Supreme Court decision can be overturned. Doing so is intentionally very difficult to accomplish, but it can be done. No fix is needed, especially one that makes overturning easier to do.
There has to be a final decision to all our common laws to make our system work. Laws that are rotten get stopped by the Supreme Court. That's the court's job and they are the final arbiters. But they are all human, so the Constitution provides a way of overturning a Supreme Court that has gone rotten at it's core.
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Old 05-05-2016, 07:05 PM
 
273 posts, read 201,441 times
Reputation: 263
Quote:
Originally Posted by openmike View Post
We are seeing the advent of the political left attempting to place liberal minsets on Court Justices with too much power , a court warped by philosophy diametrically opposed to the majority of American opinion. With the terrifying thought of the likes of Hillary Clinton even in the running I feel that the coalitian would only be summoned if the uproar or even anarchy results from the Court misrepresenting the majority of the population. Unfortunately, appealing decisions cannot rest on a vote by Americans as we are not prepared, versed and competent to counter the court it must rest on a wide group of experts in law, analyists ,religious leaders, politicians, social justice . For best results the court would submit their pre decision(s) for review to the coalition via one on one meeting, conference call or a comboTown Hall. My point is to remove the Supreme Court from special interest, spin doctors and extreme leftest maneuvering which has evolved in our modern era.
Lol. Someone is scared of the potential 5 democrat justices that will result if Hillary wins the election.

Interesting how this topic surfaces shortly after Trump wins the path to the GOP nomination.
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Old 05-06-2016, 08:22 AM
 
Location: Southern California
15,080 posts, read 20,474,184 times
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Quote:
Originally Posted by openmike View Post
We are seeing the advent of the political left attempting to place liberal minsets on Court Justices with too much power , a court warped by philosophy diametrically opposed to the majority of American opinion. With the terrifying thought of the likes of Hillary Clinton even in the running I feel that the coalitian would only be summoned if the uproar or even anarchy results from the Court misrepresenting the majority of the population. ...
They're not supposed to represent the population.

[]
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Old 05-06-2016, 09:34 AM
 
46,951 posts, read 25,990,037 times
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Quote:
Originally Posted by SilverPlatter View Post
Interesting how this topic surfaces shortly after Trump wins the path to the GOP nomination.
I've noticed a few Republicans who suddenly came to the decision that perhaps this Merrick Garland character merits a look, after all...
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Old 05-06-2016, 09:36 AM
 
46,951 posts, read 25,990,037 times
Reputation: 29442
Quote:
Originally Posted by banjomike View Post
Bowing to public opinion is a real good way to bring ruination this nation so fast it would make everyone's head spin.
Seconded. I think it was P.J. O'Rourke who said that it would take one well-executed media campaign to make Americans vote to give up the Rights of Man to help the missing kids on milk cartons.
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Old 05-06-2016, 09:41 AM
 
30,065 posts, read 18,665,937 times
Reputation: 20882
Quote:
Originally Posted by CCbaxter View Post
The Supreme court is not seated to represent the will of the people, they are there to interpret the Constitution.
Gee............................ I wish they would actually do that, rather than enact legislation from the bench.
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Old 05-06-2016, 09:50 AM
 
8,081 posts, read 6,959,794 times
Reputation: 7983
Quote:
Originally Posted by hawkeye2009 View Post
Gee............................ I wish they would actually do that, rather than enact legislation from the bench.
Because of state decisis, any decision they make is legislating.

for example the ACA where they held the Medicare expansion was unconstitutional based on the Spending Clause, that opinion means that at somewhere between a 5% (Dole) and a 20% (Sebelius) is not coercion, but beyond 20% is. Or in other words it's now precedent that 20% reduction in federal funding is coercing states based on the Spending Clause.

It's always legislating. Judges necessarily make law, it's the common law system.
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