View Poll Results: Do We Still Need the SCOTUS?

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  • No...it serves no real purpose.

    2 5.71%
  • Yes..we must have something to protect our Constitution.

    26 74.29%
  • We only need it when they agree with my guys.

    3 8.57%
  • It's not that simple...I'll explain

    4 11.43%
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Thread: Do We Still Need The SCOTUS?

  1. #31
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    Re: Do We Still Need The SCOTUS?

    Well, if they keep making decisions, that enable the feds to do anything, regardless of the wording of the constitution, then they become obsolete.
    I hope they realize this.
    I was discovering that life just simply isn't fair and bask in the unsung glory of knowing that each obstacle overcome along the way only adds to the satisfaction in the end. Nothing great, after all, was ever accomplished by anyone sulking in his or her misery.
    —Adam Shepard

  2. #32
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    Re: Do We Still Need The SCOTUS?

    the OP appears to be arguing that because the SCOTUS is made up of imperfect human beings, who often come to conclusions he disagrees with, we should scap the whole Supreme Court.

    if we did this, there would be NOTHING to keep the govt. from becoming Nazi Germany.

    yes, I Godwined the thread, as it was appropriate to do so.

  3. #33
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    Re: Do We Still Need The SCOTUS?

    Quote Originally Posted by Thunder View Post
    the OP appears to be arguing that because the SCOTUS is made up of imperfect human beings, who often come to conclusions he disagrees with, we should scap the whole Supreme Court.

    if we did this, there would be NOTHING to keep the govt. from becoming Nazi Germany.

    yes, I Godwined the thread, as it was appropriate to do so.
    But congress has the power to tax BASED on what? What is CALLED a federal "income tax" is, in fact, not taxation of income, it is taxation of an entire personal or business "budget", the FIT code has FAR more lines of tax law pertaining to the EXPENDATURES of that income, than pertaining to the actual INCOME received. As soon as you base "income taxation" on what that income was spent on, rather than simply the income itself, then you have veered far afield from simple "income taxation", and are now into social engineering (never mentioned in the 16th amendment), rather than simply raising revenue by taxing income, the stated constitutional purpose of the 16th amendment. The SCOTUS, IMHO, must step back and look at the actual INTENT of the constitution and its many amendments. Allowing taxation of "income" to be based ONLY on how that income was LATER spent should be struck down, as not complying with "equal protection" under the law (the 14th amendment). Once two citizens, working side by side for the same wages, at the same job, for the same employer, get different "income" taxation rates, that ALONE should have triggered SCOTUS constitutional objections.

    The 16th amendment: "The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration."

    Note that NO mention of "exceptions for how that income was spent" were ever mentioned, yet 95% of our tax code now adresses that alone.

    The 14th amendment (section 1): "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

    Equal protection SHOULD apply to taxation of INCOME alone not how (or upon whom) that income was spent AFTER it was earned. Income taxation applies only to income FROM all sources, as NO mention of how it was later spent is included in the 16th amendment.
    “The reasonable man adapts himself to the world: the unreasonable one persists to adapt the world to himself.
    Therefore all progress depends on the unreasonable man.” ― George Bernard Shaw, Man and Superman

  4. #34
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    Re: Do We Still Need The SCOTUS?

    I'm telling you....Conservatives try and deligitimize any institution that doesn't agree with them. Their totalitarian thinking is showing.
    “Capitalism is the astounding belief that the most wickedest of men will do the most wickedest of things for the greatest good of everyone.” John Maynard Keynes

  5. #35
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    Re: Do We Still Need The SCOTUS?

    Quote Originally Posted by iliveonramen View Post
    I'm telling you....Conservatives try and deligitimize any institution that doesn't agree with them. Their totalitarian thinking is showing.
    All generalizations are WRONG...including this one.


    I like the AI idea except it would be down to the partisan hack that wrote the program.
    Thank you

  6. #36
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    Re: Do We Still Need The SCOTUS?

    Quote Originally Posted by Zyphlin View Post
    "The decision is: 42."
    "Hmmm...Can't decide if I want to watch "Four Houses" or give myself an Icy Hot pee hole enema..." - Blake Shelton


  7. #37
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    Re: Do We Still Need The SCOTUS?

    Quote Originally Posted by iliveonramen View Post
    I'm telling you....Conservatives try and deligitimize any institution that doesn't agree with them. Their totalitarian thinking is showing.
    .....what the hell, man?
    "Hmmm...Can't decide if I want to watch "Four Houses" or give myself an Icy Hot pee hole enema..." - Blake Shelton


  8. #38
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    Re: Do We Still Need The SCOTUS?

    Quote Originally Posted by iliveonramen View Post
    I'm telling you....Conservatives try and deligitimize any institution that doesn't agree with them. Their totalitarian thinking is showing.
    What? If ONE out of the nine robed umpires finds reason A to make something constitutional, 4 find reason B to make something constitutional and 4 find reason B to make something unconstitutional we just add up all of the yeses and nos and call it a 5/4 MAJORITY opinion, even if 8/9 disagree with it? (I know one umpire sat it out, but you get my drift).
    “The reasonable man adapts himself to the world: the unreasonable one persists to adapt the world to himself.
    Therefore all progress depends on the unreasonable man.” ― George Bernard Shaw, Man and Superman

  9. #39
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    Re: Do We Still Need The SCOTUS?

    Quote Originally Posted by ThePlayDrive View Post
    No, it is not necessary. It's not irrelevant, but it's a barrier to fair and efficient determinations of what is and is not constitutional.

    It's inherently unfair because it puts the power to decide constitutionality into the hands of too few individuals. Such a concentration of power is dangerous in and of itself as it enables its decisions to be influenced strongly by interests of the elite in our society rather than the constitutionality of the laws in question.

    It's inherently inefficient because of the time it takes to come to decisions. This inefficiency leads to one main problem: unconstitutional laws may be in effect for long periods of time which causes Americans to live under unjust laws and have their rights infringed upon for unacceptable periods of time.

    A better solution would be to determine the constitutionality of a proposed law in Congress before it is even put on the floor for consideration.
    I think the approach outlined in TPD's post is called "post-modern liberalism. It diverges from classical liberalism in material ways about the relationship of govt. with citizens. PML empowers govt. expansion at the expense of the ideal of individual liberty.

  10. #40
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    Re: Do We Still Need The SCOTUS?

    Quote Originally Posted by tessaesque View Post
    .....what the hell, man?
    Science...Academics...now you're starting to see it applied to the most conservative Supreme Court in a long time.

    It's totalitarian thinking.
    “Capitalism is the astounding belief that the most wickedest of men will do the most wickedest of things for the greatest good of everyone.” John Maynard Keynes

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