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Thread: Constitutional Rights -

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    Constitutional Rights -

    From "the Economist Explains": How America’s courts can keep the government in check

    Excerpt:
    In its ruling upholding the district court’s freeze on the executive order, the three-judge panel at the Ninth Circuit Court of Appeals depicted Mr Trump’s lawyer’s claims as out of bounds: “The Supreme Court has repeatedly and explicitly rejected the notion that the political branches have unreviewable authority over immigration or are not subject to the Constitution when policymaking in that context”. It is “beyond question that the federal judiciary retains the authority to adjudicate constitutional challenges to executive action”.

    Each branch of government telling the other that its position is “beyond question” presents an impasse. Surprisingly, a glance at America’s constitution does not suggest a way out: while Article VI declares that the constitution “shall be the supreme law of the land” and every “thing in the constitution or laws of any state to the contrary” must bow before it, there is no provision granting the final word to any particular institution. What, then, is the basis for the judiciary’s power to serve as a check on a president’s executive actions?

    The answer lies in Marbury v Madison, a case from 1803 in which John Marshall (...), America’s fourth chief justice, brilliantly salvaged—and expanded—the power of the Supreme Court.

    Facing a case that pit Federalists against their bitter rivals, the Democratic-Republican party of President Thomas Jefferson, Marshall worried that a ruling in favour of the administration would look like capitulation but that deciding against it might lead Jefferson to defy the Supreme Court. In Marbury, Marshall managed to defang his political opponents with a nominal win while arming the court with a startling new power: judicial review. “It is emphatically the duty and province of the judicial department”, he wrote, “to say what the law is”.

    Presidents generally respect this principle but not all—including Andrew Jackson, Abraham Lincoln and Franklin Delano Roosevelt—have always hewed to the Supreme Court’s line.
    Shall we add Trump to that list of three names?

    As a constitutional wrecking-ball I cannot imagine a more willing or able PotUS. Besides, who would dare question him?

    He thinks he walks on water ...
    Where justice is denied, where poverty is enforced, where ignorance prevails, and where any one class is made to feel that society is an organized conspiracy to oppress, rob and degrade them; then neither persons nor property will be safe. (Frederick Douglass)

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    Re: Constitutional Rights -

    Quote Originally Posted by Lafayette View Post
    From "the Economist Explains": How America’s courts can keep the government in check

    Excerpt:

    Shall we add Trump to that list of three names?

    As a constitutional wrecking-ball I cannot imagine a more willing or able PotUS. Besides, who would dare question him?

    He thinks he walks on water ...
    When he walked on water you guys mocked him because you thought he couldn't swim ! Only 7.99 years to go try not to have your head explode .

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    Re: Constitutional Rights -

    Quote Originally Posted by Socrates1 View Post
    When he walked on water you guys mocked him because you thought he couldn't swim ! Only 7.99 years to go try not to have your head explode .
    The way he is going now, he will be a one-term PotUS ...
    Where justice is denied, where poverty is enforced, where ignorance prevails, and where any one class is made to feel that society is an organized conspiracy to oppress, rob and degrade them; then neither persons nor property will be safe. (Frederick Douglass)

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    Re: Constitutional Rights -

    Quote Originally Posted by Lafayette View Post
    The way he is going now, he will be a one-term PotUS ...
    The way he's going now he might not last the summer.

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    Re: Constitutional Rights -

    That article is simple-minded and largely inaccurate. It fails to mention that the Supreme Court has reiterated, in a number of cases, that decisions by the political branches of government regarding the admission and exclusion of aliens are not for the courts to question. In other threads, I have cited and quoted from some of those decisions to refute the baloney I have seen scribbled about this.

    The power of judicial review in general is not nearly as clear an issue of constitutional law as the author of that article would have his readers believe. Marbury is barely the beginning of the story, let alone the end of it. I see he did not mention Ex Parte McCardle, in which Congress quickly passed a law to remove a case from the jurisdiction of the Supreme Court, even after the justices had heard oral arguments in it. "The Federal Courts and the Federal System," Hart and Wechsler's definitive text on the difficult field of constitutional law known as federal jurisdiction, devotes a whole chapter--several dozen of its 1,800-plus pages of fine print--to the various ways the two political branches can limit--and have limited--the jurisdiction of the federal courts.

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    Re: Constitutional Rights -

    Quote Originally Posted by MrWonka View Post
    The way he's going now he might not last the summer.
    We can only hope ...
    Where justice is denied, where poverty is enforced, where ignorance prevails, and where any one class is made to feel that society is an organized conspiracy to oppress, rob and degrade them; then neither persons nor property will be safe. (Frederick Douglass)

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    Re: Constitutional Rights -

    Quote Originally Posted by Lafayette View Post
    We can only hope ...
    1jpmq0.jpg
    Haymarket's "support" of the 2nd Amendment, a right he believes we never had.
    Quote Originally Posted by haymarket View Post
    no. You cannot lose rights you do not have in the first place. There is no such thing as the right to have any weapon of your choice regardless of any other consideration. It simply does not exist.

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    Re: Constitutional Rights -

    Quote Originally Posted by Spartacus FPV View Post
    Indeed, that IS the alternative.

    Not bad, even I could have voted for him! At least he started out as a Democrat before turning Replicant.

    (We all make mistakes in life ...)
    Where justice is denied, where poverty is enforced, where ignorance prevails, and where any one class is made to feel that society is an organized conspiracy to oppress, rob and degrade them; then neither persons nor property will be safe. (Frederick Douglass)

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    Re: Constitutional Rights -

    Quote Originally Posted by Lafayette View Post
    The way he is going now, he will be a one-term PotUS ...
    In one month and Trump has done more than Obama in his do nothing 8 years , unless you count dividing the Nation !!

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    Re: Constitutional Rights -

    Quote Originally Posted by Socrates1 View Post
    In one month and Trump has done more than Obama in his do nothing 8 years , unless you count dividing the Nation !!
    Substantiate, please, your opinion with fact rather than sarcasm and insinuation.

    Obama undertook and accomplished two major projects:
    *The first having pegged an exploding Unemployment Rate at 10% (handed to him by an incompetent Replicant PotUS), and bringing said rate back to historic levels of less than 5% despite no help whatsoever from a Replicant HofR. The consequence of which was to extend the pain and suffering of millions of unemployed 4 more years beyond that necessary. And,
    *He tried but did not fully succeed in extending HealthCare coverage to 16% of the American population, that previously had no such insurance whatsoever. Nonetheless, what they have now is access to much better than the indignity of none whatsoever because Privatized Insurance companies were milking a high-priced Cash-cow. They still are, because an ignoramus of an HofR would not allow a fully nationalized system as all other developed countries have adopted at much lower costs.

    Otherwise, your comment is like so many others on this forum - one-liners without factual evidence from those desperate to justify their electoral choice as PotUS ...
    Last edited by Lafayette; 02-16-17 at 10:19 AM.
    Where justice is denied, where poverty is enforced, where ignorance prevails, and where any one class is made to feel that society is an organized conspiracy to oppress, rob and degrade them; then neither persons nor property will be safe. (Frederick Douglass)

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