Executive Branch Shouldn't Meddle with the Judiciary - OpEd »
Posted by: populist 1 year, 7 months agoThe courts are the last line of defense that "we the people" have to protect ourselves from abuses by the legislative and executive branches. If judges collude with either of the other two branches of government then the separation of powers, and thus, all hopes for individual liberty, will collapse.
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populist1 year, 7 months ago
left, right - it doesn't matter - they're all part of the problem.
the issue here is power. it's not the abuse of power that's most disheartening, it's the power to abuse.
"Liberty once lost is lost forever"
--John Adams
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Lurch1 year, 7 months ago
I don`t care who, Clinton, McCain, Edwards, or whoever. If he/she is telling judges to ****** on the constitution, then he/she is my direct enemy.
That`s what it means to be an American. You put your nation and country first before covering up for one pathetic politician, whether left or right wing.
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Searunner521 year, 7 months ago
Which only goes to show how truly little you know about the role and function of the ACLU!
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IcCaRus1 year, 7 months ago
DocJ-
"This is especially true of the radical leftwing judges who are colluding with the commie left like the ACLU..."
this, right here, is the problem we face from neocons... the ALCU was set up to defend the civil liberties of american citizens... and neocons call it "commie"... to them, any civil liberty not franted by corporate america is communism
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populist1 year, 7 months ago
although i'm no fan of how the judicary is set up (best left for another discussion though) - i think you're quite right that it's the "third arm"
But, remember, it's supposed to be a "co-equal" arm.....any questions, i refer people to read John Adams "Thoughts on Government"
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Spadecaller1 year, 7 months ago
As most people who stay connected to the news and politics of our nation, I have noticed that we have suffered severely from the losses of our represntation and the checks and balances that we expect from our two branches of government-- the executive and legislative branches.
However, In the fall of 2000, the credibility of our judicial branch also suffered a grave blow, when it appointed George W. Bush to the presidence.
Since that mistake, it appears that the Judicial branch is as susceptible to coercion as the other two branches. Where do we go from here? I'm not sure.
The first thing that needs to be done, is to have Attorney General Gonzalez thoroughly investigated and to stand trial for willfully obstructing justice and for betraying his loyalty to uphold the U.S. constitution.
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populist1 year, 7 months ago
well, there are some interesting points you've made. and yes, SCOTUS can , and has taken our rights by collusion - i.e. the 5th amendment in the Kelo decision.
But, to eliminate all judicial oversight is simply foolish and destructive.
As far as American foreign policy and war, the congress already abrogated its power to declare war and passed it along to the president. now, if the judiciary gives up its power of legal oversight, then the president will have the power of ALL THREE BRANCHES in regards to war.
even if the judicial branch sucks (which i think it does), i would never support THAT.
that's dictatorship. period.
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Searunner521 year, 7 months ago
Unelected - perhaps, but they are chosen, vetted, and approved by the US Senate and it is their role to provide an interpretation of the Constitution of this Nation! If you read the Constitution you find that the power in this Nation resides equally with all three branches of government - not in one, as you state, above the others.
The way the system works is that any individual has the right to appeal the decision of a lower court to the next one higher and so on up to the Supreme Court. If the decision rendered there is unsatisfactory the individual has the right to lobby Congress to pass legislation changing the law and ultimately to seek an amendment to the Constitution itself!
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ETproductions1 year, 7 months ago
Good point, Searunner, And I would add that this system has preserved liberty and produced prosperity for over 200 years. Right wingers should be very cautious about throwing the Constitution away so their favorite guy can just play emperor. The problem with emperors is twofold. One, even if you get a good one today, there is the likelihood that he won't live forever and his replacement may not be so good. Two, power corrupts, and absolute power corrupts absolutely.
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ETproductions1 year, 7 months ago
Wasn't heading there, but this is an interesting and active argument. It's a matter of considerable debate just what Article III means.
Article III, Section 2 says: "...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."
Does that mean that Congress can pass a law saying that the Constitution and the Bill of rights can NEVER be applied to any law Congress, in its obviously perfect wisdom, may choose to enact? I doubt it, and so do most constitutional scholars. Rather, it almost looks like a deliberate institution of tension between the judicial and legislative branches.
Here's an interesting discussion from Conservative Phyllis Schlafly
http://www.eagleforum.org/column/2006/jan06/06-01-
But more of interest, the topic here was judicial oversight of the EXECUTIVE, not the LEGISLATIVE branch. Reading the constituition, I see nothing giving the EXECUTIVE a trump.
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mntnman4441 year, 7 months ago
Congress makes laws,the Judiciary passes sentence.The congress has no right to tell a judge what sentence to pass.
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populist1 year, 7 months ago
dictatorship is definitely the path we're on....what needs to be limited is the power of the government as a whole!
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Changingconstant1 year, 7 months ago
check out one of the roles of the Supreme Court in relation to the consitution and govenment bodies.
http://www.law.cornell.edu/constitution/constituti
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misanoel1 year, 7 months ago
First Ashcroft, now Gonzales. I don't know which one has been worse for the country so far.
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Sandmn1 year, 7 months ago
Gonzales was attached to enron prior to attaching himself to GW Bush, governor and then president. This guy has more ways to subvert the law and the constitution than any other attorney before him. This man will face charges of his own for his dealings with subverting the laws of this land and aiding an ignorant president with doing the same. Put this tex-mex back on his horse, and send him home or better yet, Guantanimo.
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uncle-dave1 year, 7 months ago
My money is on Gonzales, he doesn't seem to be the sharpest knife in the drawer, and I think that's just what the administration wanted. An attack dog that would do it's master's bidding.
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dabnet1 year, 7 months ago
Impeach Bush!!! Kinda crazy what he says, start impeaching our judges. That just doesn't make since. why do we let Bush get away with all this? Oh my god Clinton had sex and they impeached him. Bush is only making a dictatorship, breaking laws, lying, starting wars, taking away all our rights, torturing people, slowly shredding our constitution, it goes on and on and these are only the things we know about and brought to light. Imagine the things we don't know about.. My god whats wrong with our government.
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walden31 year, 7 months ago
the people get the government that they deserve. just look at the supposed party of personal responsiblity and accountability, i.e. the republicons, and all the defenders, deniers, enablers and apologists that we see on these boards everyday.
all thetrangressions that you mentioned that you and i both find offensive are rationalized away because of the ostensible "war on terror" that should be renamed the war on the middleclass.
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uncle-dave1 year, 7 months ago
Two top federal prosecutors resign in California
Kevin Ryan and Carol Lam are among 11 U.S. attorneys to quit since last year
A section of the U.S. Patriot Act allows appointments without Senate confirmation
Critics say the Bush administration is forcing out prosecutors who are Democrats
http://www.cnn.com/2007/LAW/01/17/feds.quit.ap/ind
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Searunner521 year, 7 months ago
Sorry, but I believe that you are misinterpreting what appellate exclusion means. The Federal Courts have the right to review any law to see if it passes constitutional muster and neither the Executive nor Legislative Branches of Government have the power to prevent that. That is why there are checks and balances built into the Constitution and why the Jusicial Branch reserves the right of judicial review!
Were it otherwise then the Legislature could grant themselves dictatorial powers without anyone stopping them!
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ningyo1 year, 7 months ago
and the judiciary shouldnt meddle with the executive branch--this is totaly about national security which is the sole responsibility of the executive--not a bunch of unelected judges with their own political agendas--packing the courts was a specialty of roosevelt as he tried to socialize america--and we are in the same position now with judges who have their own view of the iraq war and are trying to control the military from the bench
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walden31 year, 7 months ago
three issues-
one - the judiciary has to keep a overzealous executive branch in check.
second - gonzalez is somewhat correct when he refers to the president's powers as being at their zenith in times of war and foreign policy. in these two areas the judiciary really does need to also temper itself.
third - there has been a 30 year movement by the right to stack the courts with conservatives and a war waged against judges. we even hear comments from right-wing commentators about killing judges and judges being treasonist.
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joey-evans1 year, 7 months ago
Why would any of this surprise anyone?
This bush administration has felt and acted as if they were above the law of the land.
How anyone. any real American can find no wrong in this is beyond my understanding. No justification is possible of their out and out abuse of their authority.
"The Constitution is just a piece of paper."-King george.
JOEY EVANS
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4cprocess1 year, 7 months ago
This is all a big huff about nothing.
First of all, all 3 branches have equal power but that power exists in certain aspects pertaining to the governing of this country.
When it comes to National Security I hate to let anyone here down but the Executive Branch trumps on this one. That is why the president is the "Commander in Cheif". If you think about it whether or not you agree with the last election or not, our forefathers had the insight to agree that the one person that should have supreme authority on our national security would be someone that had been duly elected by "all" the people.
The other two branches have some powers to oversee, investigate and/or limit these powers but ultimately it is president's responsibility for the safe keeping of the very people that elected him. With that said, I am not endorsing this president, just pointing out our responsibility to vote with reason.
In God We Trust
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Amazing11 year, 7 months ago
Gonzales is either a stupid attack dog or himself in on it. This is so outrageous. The foundation of our nation is under attack. The Executive Branch has become way too powerful and this is not a time of war. This is a time of OCCUPATION! We were bullied and lied into this war.
The whole gang needs to be impeached ASAP. Bush, Cheney, Gonzalez, all of them. And they can take their Secretary of Snake with them.
We are now the most hated nation in the world. The populace is viewed as either powerless to stop the tyrant, too stupid to know any better or too spineless to do anything about it.
Contact your representatives. Here's the link: http://www.congress.org/congressorg/home/
Until recently, I had never really been an activist. I now go once a week to demonstrate. I have made it my mission to contact every senator and representative in Congress expressing my opinion that the administration should be impeached. It is their responsibility to do so.
Continued
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Amazing11 year, 7 months ago
They took an oath of office to defend and protect the Constitution from both foreign and domestic threat. This administration is a domestic threat.
I have only one voice. The corporations have the power of many voices because they give great wads of money to those in power. But if others will join in this effort, we have a chance. I refuse to sit idly by and allow the rest of the world to see me as either stupid or spineless. I may not have the power, but I will make sure that my voice is heard. Please add yours.
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bigG1 year, 7 months ago
Who clearly won the last election?
A lot of people are saying it was because of the war in Iraq.
I peronally think it was because a lot of people read your posts.
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