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johndippel
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The only reason that any SCOTUS nominee gets so much attention these days is because of the collapse of constitutional checks and balances between the three branches of the federal government. Both conservatives and liberals are unwittingly acknowledging that the judicial branch of the government has usurped powers of both the executive and legislative branches as both conservative and liberal government leaders play this nomination game.
The bottom line concerning this problem is that the justices of the SCOTUS who tend to side with liberal views actually couldn't care less about defending the Constitution regardless that they have sworn to do so. Thomas Jefferson warned that our Constitution would have such enemies:
'Our peculiar security is in the possession of a written Constitution. Let us not make it a blank paper by construction.'
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Rick Hunter
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same lies different day
Thomas Jefferson warned that our Constitution would have such
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breezhot
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[snip]
Actually, folks on both sides of the aisle see the court as a path for achieving in the courts that which cannot be achieved in the other two branches of government. There has been a collapse of balance but it is due to extensive inaction on the part of the congress. They have all manner of authority to control and moderate the courts, and yet they do not exercise any of it. They don't because they see the courts as a tool for advancing issues they couldn't advance in the body politic.
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1ahosting
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same meaningless generalizations
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breezhot
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Will you please reference how Congress controls and moderates the courts?
Otherwise, you ignore that regardless that members of Congress are known to fight tooth and nail over the precise wording of a bill, that the liberal SCOTUS majority ends up interpreting the law in whatever way tickles their fancy anyway. This is why Jefferson warned about judges who usurp legislative power:
'One single object... [will merit] the endless gratitude of society: that of restraining the judges from usurping legislation.'
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trakker3
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[snip]
They dictate the size, construct, and determine jurisdiction. Furthermore, they pass the laws and can send amendments to the States for ratification.
'In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.'
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Stevo_Devo
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Thank you, but I didn't make myself clear. Please reference the laws which give Congress this power.
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Jasmine
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Looks like more transference to me. Or maybe you want to back up your meaningless generalization above? lol And none of your lying republican nutbar sites, eh?
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johnke7cw
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The quote below is from the constitution.
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trakker3
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Thank you.
I still stand by my assertion that the SCOTUS is ignoring the Constitution and usurping legislative power. And given what you have stated I'm now convinced more than ever that constitutional checks and balances have gone down the tubes.
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CitizenTony
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[snip]
They can't, except if Congress doesn't exercise their powers.
Congress long ago abandoned their intended role. I've always found it odd that virtually every department of the government is in the executive branch. The congress runs nothing directly. You have the Library of Congress and the CBO but that's really about it. Congress has abdicated it's role in actually running the country. They were suppose to write the budget, but they consistently look to the White House to do the basic writing. They are suppose to control the military, but it is run from the executive branch. The allow executive orders to have the force of law. Departments write regulations which have the force of law, and congress is uninvolved in the process. But along the lines of what you are addressing, the SC declares laws unconstitutional, and congress takes virtually NO action. They neither rewrite the laws to address the SC's concerns, nor propose amendments to counter them. A law, or portion thereof, which is declared unconstitutional ought to be sent straight back to the committee that passed it for correction or clarification, it ought to have a track straight back to the floor, and it either be corrected, or the law abolished formally through congressional action, not just letting the decision stand as established law.
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