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Thread: Bill threatens to defund Kansas judicial branch

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    Re: Bill threatens to defund Kansas judicial branch

    Quote Originally Posted by Somerville View Post
    FDR tried but failed to 'pack' the Supreme Court. Obama has done nothing of the sort and it is the Republicans in Congress who have attempted to force their particular views on the other levels of the federal court system by blocking a greater number of appointees than for any other President.
    Failed?

    How do you think that the commerce clause got bastardized CONVENIENTLY AT THE SAME TIME when FDR wanted to ban/regulate the living **** out of as many guns as he could?
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    Re: Bill threatens to defund Kansas judicial branch

    Jefferson once reminded the SCOTUS that he had a standing army at his command and they had bupkis. Marbury never got his seat after all.

    And the OP is incorrect. Though the Kansas constitution does grant the judicial the power to administer their department, it also grants the legislature the sole power to fund (or not in this case).

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    Re: Bill threatens to defund Kansas judicial branch

    "if you look at the issues with Obama's picks they are all ideologues over justices. they put their personal opinion above what the law says."

    As it is with whoever is in power. They all try to pack the courts and most judges end up being ideologues.

    So what else is NOT new?
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    Re: Bill threatens to defund Kansas judicial branch

    Quote Originally Posted by Somerville View Post
    FDR tried but failed to 'pack' the Supreme Court. Obama has done nothing of the sort and it is the Republicans in Congress who have attempted to force their particular views on the other levels of the federal court system by blocking a greater number of appointees than for any other President.
    He didn't fail, the court reversed the decisions finding a good portion of the New Deal unconstitutional and FDR dropped the court packing in exchange. And that's precisely what the legislature is supposed to do, be very selective as to judicial appointments. That is their ONLY check on the power the judicial has taken.

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    Re: Bill threatens to defund Kansas judicial branch

    Quote Originally Posted by KeeKee View Post
    "if you look at the issues with Obama's picks they are all ideologues over justices. they put their personal opinion above what the law says."

    As it is with whoever is in power. They all try to pack the courts and most judges end up being ideologues.

    So what else is NOT new?
    What's new is the idea that "judges end up being ideologues". That wasn't supposed to happen.

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    Re: Bill threatens to defund Kansas judicial branch

    Quote Originally Posted by clownboy View Post
    Jefferson once reminded the SCOTUS that he had a standing army at his command and they had bupkis. Marbury never got his seat after all.

    And the OP is incorrect. Though the Kansas constitution does grant the judicial the power to administer their department, it also grants the legislature the sole power to fund (or not in this case).
    Why are conservatives and those who label themselves 'libertarian', so often ignorant of history? I can read the "Leaning" but I can also make judgements in regards to political leanings by simply reading the comments people post.
    “And I have no doubt that every new example will succeed, as every past one has done, in shewing that religion & Govt will both exist in greater purity, the less they are mixed together.”
    ~ James Madison, letter to Edward Livingston, July 10, 1822

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    Re: Bill threatens to defund Kansas judicial branch

    FDR "failed" at packing the court, in so much that the THREAT of packing the court caused the Court to change direction in the fashion he wanted, leading him not to have to carry out his threat.

    It's like saying a Mob Thug "Failed" to beat a shop owner up because the shop owner gave him the protection money for this month after the mobster threatened to break his leg.

    All of which is kind of irrelevant to the fact that it's absolutely ridiculous that someone in the state legislature of Kansas is even threatening the notion of defunding the courts there.

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    Re: Bill threatens to defund Kansas judicial branch

    Quote Originally Posted by clownboy View Post
    He didn't fail, the court reversed the decisions finding a good portion of the New Deal unconstitutional and FDR dropped the court packing in exchange. And that's precisely what the legislature is supposed to do, be very selective as to judicial appointments. That is their ONLY check on the power the judicial has taken.
    Historical ignorance often leads to poor decisions. Personally, I and many others, see FDR as "failing" in his quest to change the nature of the SCOTUS

    FDR's Losing Battle To Pack The Supreme Court

    . . . troubling to Roosevelt was the fact that none of the justices had been appointed during his first term — and most of them had served for well over a decade.

    In addition, Shesol says, an idea was floating around street corners and editorial pages that the Supreme Court shouldn't necessarily have the last word on constitutional matters.

    "Some suggested that Congress ought to be able to overrule the Supreme Court," he explains. "By a two-thirds vote, Congress should be able to overturn any ruling of the Supreme Court, essentially making Congress the last word on the Constitution and not the Supreme Court."
    There are those who today are promoting the same concept.

    Roosevelt's idea was that for any justice over the age of 70 who refused to retire, the president could appoint a new justice to sit beside the current justice and do his work.
    <snip>
    When Congress and members of Roosevelt's administration found out about the president's idea, they did not react well.

    "Remarkably, John Nance Garner, who was Roosevelt's vice president, went back with him to Capitol Hill, stood in the well of the Senate and, as the plan was read aloud to the senators, Garner held his nose and gestured thumbs down,"
    “And I have no doubt that every new example will succeed, as every past one has done, in shewing that religion & Govt will both exist in greater purity, the less they are mixed together.”
    ~ James Madison, letter to Edward Livingston, July 10, 1822

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    Re: Bill threatens to defund Kansas judicial branch

    Quote Originally Posted by ludin View Post
    the judicial branch has gain to much power in my opinion. the bigger issue is that it is no longer blind but interjects their own bias opinions into their rulings.
    half of these rulings anymore deal with feelings rather than law and logic.
    That exact same thing, the whole "half of these rulings anymore deal with feelings rather than law and logic" could be said essentially since the first Supreme Court decision ever.
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    Re: Bill threatens to defund Kansas judicial branch

    Quote Originally Posted by CanadaJohn View Post
    I have to say I understand the feelings and positions of the Kansas legislature in this regard. Here in Canada, we've watched our Supreme Court strike down bill after bill enacted by our parliament, most if not all highly supported by the public, and watching a dozen or so pompous asses thwart the will of the people is pretty annoying. That said, the actions taken by the legislature in Kansas to potentially defund the courts is in my opinion wrong and counter productive. It only serves to make the courts appear reasonable and victimized.
    What you call "thwart the will of the people" I call "upholding their oath, and the constitution."
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