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The Judicial Branch needs to be brought to heel

Posted on 3/17/17 at 12:38 pm
Posted by weagle99
Member since Nov 2011
35893 posts
Posted on 3/17/17 at 12:38 pm
And I was thinking this before Trump was elected.

Founders never intended for a 5-4 ruling on the USSC to decide the direction of an entire nation.

We show too much deference to the Judiciary and just accept their decisions as unchangeable facts.
Posted by AggieDub14
Oil Baron
Member since Oct 2015
14624 posts
Posted on 3/17/17 at 12:39 pm to
Congress can check their power with a constitutional amendment. While that isn't easy to do, it is possible.
Posted by weagle99
Member since Nov 2011
35893 posts
Posted on 3/17/17 at 12:40 pm to
Congress can check their power in some ways now without a Constitutional amendment. GOP won't do anything.
This post was edited on 3/17/17 at 12:41 pm
Posted by NYNolaguy1
Member since May 2011
20902 posts
Posted on 3/17/17 at 12:40 pm to
I think the current model of our version of federalism is failing. Lots of why's and how's, but I don't think it's hard to see this isn't working.
Posted by Eurocat
Member since Apr 2004
15048 posts
Posted on 3/17/17 at 12:41 pm to
So......why was the right wing so hopeful that the Supreme Court would overturn Obamacare and "make things right again"?

Seems like courts suck when they rule against you, but they are the best things ever if they rule in your favor.
Posted by AggieDub14
Oil Baron
Member since Oct 2015
14624 posts
Posted on 3/17/17 at 12:44 pm to
Yes, but couldn't SCOTUS just use Judicial Review to block those methods? A Constitutional amendment is the only guaranteed way to limit Judicial Review. You can't call something unconstitutional if it's literally part of the constitution.
Posted by ForeLSU
The Corner of Sanity and Madness
Member since Sep 2003
41525 posts
Posted on 3/17/17 at 12:45 pm to
quote:

Founders never intended for a 5-4 ruling on the USSC to decide the direction of an entire nation.


5-4 splits are a fairly small percentage of total cases. There are far more 9-0 decisions...


Posted by Lakeboy7
New Orleans
Member since Jul 2011
23965 posts
Posted on 3/17/17 at 12:47 pm to
Lawyers are better than you at every level, just lay there and take it like a man.
Posted by Draconian Sanctions
Markey's bar
Member since Oct 2008
84879 posts
Posted on 3/17/17 at 12:50 pm to
Yeah frick checks and balances, right?!?
Posted by cameronml
Member since Oct 2007
1909 posts
Posted on 3/17/17 at 12:50 pm to
quote:

And I was thinking this before Trump was elected.

Founders never intended for a 5-4 ruling on the USSC to decide the direction of an entire nation.

We show too much deference to the Judiciary and just accept their decisions as unchangeable facts.


The judicial branch is in place to check someone like Trump who didn't win the popular vote and wants to pass through unpopular, fringe policies that harm the nation. Deal with it.
Posted by AggieDub14
Oil Baron
Member since Oct 2015
14624 posts
Posted on 3/17/17 at 12:51 pm to
quote:

The judicial branch is in place to check someone like Trump who didn't win the popular vote and wants to pass through unpopular, fringe policies that harm the nation. Deal with it.


Well put
Posted by Iosh
Bureau of Interstellar Immigration
Member since Dec 2012
18941 posts
Posted on 3/17/17 at 12:52 pm to
quote:

Founders never intended for a 5-4 ruling on the USSC to decide the direction of an entire nation.
Congress and the President do things "the Founders never intended" every day. If you only hold the judicial branch to a constructionist standard then checks and balances fall apart.
Posted by Erin Go Bragh
Beyond the Pale
Member since Dec 2007
14916 posts
Posted on 3/17/17 at 12:54 pm to
quote:

The judicial branch is in place to check someone like Trump who didn't win the popular vote and wants to pass through unpopular, fringe policies that harm the nation. Deal with it.

That may be the dumbest post of the day. Congrats
Posted by Centinel
Idaho
Member since Sep 2016
43341 posts
Posted on 3/17/17 at 12:55 pm to
quote:

The judicial branch is in place to check someone like Trump who didn't win the popular vote and wants to pass through unpopular, fringe policies that harm the nation. Deal with it.




MUH POPULAR VOTE
Posted by TigernMS12
Member since Jan 2013
5531 posts
Posted on 3/17/17 at 12:58 pm to
Not really. The post actually understands the government unlike you who thinks everyone is supposed to fall in lock and step behind a president you like but do everything in their power to obstruct a president you don't like. Repubs started this whole obstruction form of politics when obama got elected and now they want to bitch cause libs are doing it.
Posted by Erin Go Bragh
Beyond the Pale
Member since Dec 2007
14916 posts
Posted on 3/17/17 at 1:02 pm to
quote:

The post actually understands the government

The poster said the reason why the judiciary exist is to stop presidents who fail to win the popular vote.

The poster said the reason why the judiciary exist is to stop unpopular policies.

THAT IS NOT WHY THE JUDICIARY EXISTS.
Posted by LSURulzSEC
Lake Charles via Oakdale
Member since Aug 2004
77325 posts
Posted on 3/17/17 at 1:03 pm to
There should never be life time appointements any judges at any level and term limits to all elected and appointed officials...
Posted by KingSlayer
Member since May 2015
2854 posts
Posted on 3/17/17 at 1:12 pm to
quote:

The judicial branch is in place to check someone like Trump who didn't win the popular vote and wants to pass through unpopular, fringe policies that harm the nation. Deal with it.


That's funny, I thought the branch was there to check the other two branches to make sure the laws passed and enforced were constitutional, not whether the laws were popular or mainstream. Pretty sure there are no caveats about whether a president won the popular vote or not when it came to their interpretation of the constitutionality of the laws.

Posted by AggieDub14
Oil Baron
Member since Oct 2015
14624 posts
Posted on 3/17/17 at 1:24 pm to
quote:

The poster said the reason why the judiciary exist is to stop presidents who fail to win the popular vote.

The poster said the reason why the judiciary exist is to stop unpopular policies.


The poster said neither of those things? You need to get those glasses checked. That or learn better reading comprehension skills.
Posted by Haughton99
Haughton
Member since Feb 2009
6124 posts
Posted on 3/17/17 at 1:24 pm to
quote:

The poster said the reason why the judiciary exist is to stop presidents who fail to win the popular vote.

The poster said the reason why the judiciary exist is to stop unpopular policies.

THAT IS NOT WHY THE JUDICIARY EXISTS.


I'm pretty sure his point was the judiciary is there to stop an angry loud minority of the population (which you are in you are far right or left) from doing things that will fundamentally change the country for the majority who don't agree with the changes.
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