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Let's Talk About Checks and Balances

Posted on 4/26/17 at 3:12 pm
Posted by AggieDub14
Oil Baron
Member since Oct 2015
14624 posts
Posted on 4/26/17 at 3:12 pm
I've seen a lot of chatter today about checks and balances. Many feel that the courts are over stepping their power and are upset at the lack of checks on Judicial power. Just thought I would post this here to facilitate some discussion on the topic and help further educate people who may have forgotten how checks and balances work. Your government has limited power. And other branches of that government keep it in line. Let's be glad we don't live in Turkey right now.



Posted by TigernMS12
Member since Jan 2013
5531 posts
Posted on 4/26/17 at 3:15 pm to
Based on many people's posts I've seen, this will be the first they've heard of it. If Trump doesn't like a judges decision he should just fire him :saysthetardsonthept:
Posted by Machine
Earth
Member since May 2011
6001 posts
Posted on 4/26/17 at 3:16 pm to
id rather talk about Checkers and Rallys

i miss New Orleans :(
Posted by Champagne
Already Conquered USA.
Member since Oct 2007
48353 posts
Posted on 4/26/17 at 3:16 pm to
I am intellectually prepared for views on these kinds of topics to change, depending on whether the Democrats hold the WH and/or Congress or not.

It is illogical to have an emotional reaction when it happens.
Posted by Haughton99
Haughton
Member since Feb 2009
6124 posts
Posted on 4/26/17 at 3:18 pm to
quote:

If Trump doesn't like a judges decision he should just fire him


Fire? I've seen multiple posts calling for judges to be hung. The crazies are in high gear.
Posted by roadGator
Member since Feb 2009
140445 posts
Posted on 4/26/17 at 3:24 pm to
Checks and balances are good. When it becomes activism that's a problem.
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
67918 posts
Posted on 4/26/17 at 3:25 pm to
Not in the graphic but Congress can also expand or contract the court system and change the scope of its jurisdiction.

It can also change the number of justices (greater or lessor).

It also has general power of the purse. Courts can't function without money.
Posted by AggieDub14
Oil Baron
Member since Oct 2015
14624 posts
Posted on 4/26/17 at 3:27 pm to
quote:

When it becomes activism that's a problem.


And if we can make a legal case against a judge, then we can impeach them through congress. It's all about the checks and balances. If congress isn't going to budge, then it's up to the people to elect less polarizing candidates. Break the 2 party system. It's the only way.
Posted by Haughton99
Haughton
Member since Feb 2009
6124 posts
Posted on 4/26/17 at 3:29 pm to
quote:

Checks and balances are good. When it becomes activism that's a problem.


One person's activist judge is another person's pragmatic one. It depends on your political perspective. You can't project your biases on everyone.
Posted by fouldeliverer
Lannisport
Member since Nov 2008
13538 posts
Posted on 4/26/17 at 3:35 pm to
Judicial Branch may also declare executive actions unconstitutional.
Posted by Bison
Truth or Consequences
Member since Dec 2016
1236 posts
Posted on 4/26/17 at 3:40 pm to
did you even glance at the graphic in the OP? President can not fire a judge dipshit
Posted by Zach
Gizmonic Institute
Member since May 2005
112475 posts
Posted on 4/26/17 at 3:42 pm to
The problem I have with judges goes from the Supreme Court all the way down to your city court. It's a paradigm I've seen all my life with some judges. I don't know what percent. But it goes like this:

They make their decision waaaaay before the briefs are submitted and the arguments raised. Their goal is to CREATE a justification for the decision they have already made.
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
51612 posts
Posted on 4/26/17 at 3:48 pm to
quote:

Many feel that the courts are over stepping their power and are upset at the lack of checks on Judicial power.


What we've seen is an increased pattern of behavior from judges seeking to use the law to restrain activity that goes against their political beliefs, not necessarily the law itself. That's an imbalance seeking to disguise itself as balance.
This post was edited on 4/26/17 at 3:49 pm
Posted by AggieDub14
Oil Baron
Member since Oct 2015
14624 posts
Posted on 4/26/17 at 4:07 pm to
So how do we fix that? There are two ways. Impeachment and better appointment. Appointment is done through elected leaders. Elect better leaders. Impeachment needs a legal case. I don't like their interpretation of the law isn't good enough. Unless you can prove they are abusing their power through inconsistent rulings.
Posted by roadGator
Member since Feb 2009
140445 posts
Posted on 4/26/17 at 4:28 pm to
quote:

You can't project your biases on everyone.


Show me where I did that.
Posted by Dale51
Member since Oct 2016
32378 posts
Posted on 4/26/17 at 4:35 pm to
quote:

Let's Talk About Checks and Balances


Good idea. What is the role of the people being governed in having the "checks and balances" power over the mechanism shown in that cute little diagram you posted? How do they do that?
Posted by Haughton99
Haughton
Member since Feb 2009
6124 posts
Posted on 4/26/17 at 4:37 pm to
quote:

Show me where I did that.


When you call a judge an activist judge for ruling in a way you don't agree with, that's exactly what you are doing.
Posted by Dale51
Member since Oct 2016
32378 posts
Posted on 4/26/17 at 4:37 pm to
quote:

The problem I have with judges goes from the Supreme Court all the way down to your city court. It's a paradigm I've seen all my life with some judges. I don't know what percent. But it goes like this:

They make their decision waaaaay before the briefs are submitted and the arguments raised. Their goal is to CREATE a justification for the decision they have already made.




That^
Posted by AggieDub14
Oil Baron
Member since Oct 2015
14624 posts
Posted on 4/26/17 at 4:38 pm to
People elect. That was an easy one.
Posted by Dale51
Member since Oct 2016
32378 posts
Posted on 4/26/17 at 4:39 pm to
quote:

When you call a judge an activist judge for ruling in a way you don't agree with, that's exactly what you are doing.



You're projecting again.
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