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Shrinking Government, One Branch at a Time
Author: Raine    Date: 10/24/2011 15:29:16

Every Month for the past year we have had a new GOP frontrunner. It really seems they just don't like the candidates, or they just like radical talk. Among the multiple social and economic issues they have talked about is the mostly under the radar topic of "Judicial Activism" -- It's been a GOP meme for a while, but this election cycle it seems to have taken a back seat to more extreme views the candidates have touted such as vaccinations, abortions, immigration, the gays, taxes for 'job creators'. It seems as though the idea of Judicial Power isn't as sexy for our sensational media and the GOP supporters who love it. The NYT has written a very interesting piece on the candidates views towards the judiciary, and by extension -- the third branch of government.
Gov. Rick Perry of Texas favors term limits for Supreme Court justices. Representatives Michele Bachmann of Minnesota and Ron Paul of Texas say they would forbid the court from deciding cases concerning same-sex marriage. Newt Gingrich, the former House speaker, and former Senator Rick Santorum of Pennsylvania want to abolish the United States Court of Appeals for the Ninth Circuit, calling it a “rogue” court that is “consistently radical.”
Rick Santorum would like - on his first day in office - to get rid of the Ninth circuit court of appeals, as it is too 'rogue' for his taste. That court is regularly accused of being too liberal. What many people don't realize is the it represents the western part of the country, including Alaska, Montana, Hawaii, most of Californian and Washington and Oregon to name a few. Rick Santorum is advocating leaving many people in the nation without federally granted judicial access. Why? He doesn't like how the court tends to decide.

Gingrich, Bachmann and Ron Paul have all called to limit what the court can hear. People like Michelle Bachmann would ban any court from listening to or deciding upon cases involving marriage equality. From the article:
Mr. Gingrich, joined by Mrs. Bachmann and Mr. Paul, has called for limiting the federal courts’ ability to hear certain kinds of cases. Whether that would be constitutional is hard to assess.

“The question of the extent of Congress’s power to control the jurisdiction of the federal courts is one of the most contested and unsettled in constitutional law,” said Vicki C. Jackson, a law professor at Harvard.

Mrs. Bachmann and Mr. Paul have taken an aggressive stance. “We have it within our authority to decide what judges can rule on and what they can’t,” Mrs. Bachmann said in Iowa in April. Mr. Paul has written that “Congress could statutorily remove whole issues like gay marriage from the federal judiciary.”
Ron Paul's opposition is based on his constant drum for states rights trumpeting federal rights, while Bachmann is based on social conservatism. Gingrich seems to be against it because it sounds good to say he's against federal supremacy.

Rick Perry wants the federal judiciary, particularly the Supreme court, to have term limits.

One thing they all seem to be ignoring is that all of these proposals would need constitutional alterations, otherwise known as amending the constitution. In other words, they would like to see the Constitution of the United States of America changed to fit their political views, not the other way around. These positions seem far more radical to me than many of the other stances these candidates have made.

Let me impress this point: The are running for the office of the Presidency of the United States of America, not for Dictator-in-Chief. The next person elected for office will be the person that will nominate Supreme court justices, but these candidates would like to go even farther in restricting the rights granted in the constitution. They are actively and radically advocating changing the way a branch of our government functions.

When you wonder if President Obama is worthy of your vote, remember this. Remember that one group of people speak and talk on the campaign trail as though if elected they would act as supreme leader of the land, they would do their very best to ply the constitution to fit their political views. It's far more complicated than the simple meme they spout about being against judicial activism. They want the courts to be judicially active to a particular political stance. IT has happened before and caused a LOT of problems. Remember Terry Shiavo?
In all, the Schiavo case involved 14 appeals and numerous motions, petitions, and hearings in the Florida courts; five suits in federal district court; Florida legislation struck down by the Supreme Court of Florida; a subpoena by a congressional committee to qualify Schiavo for witness protection; federal legislation (the Palm Sunday Compromise); and four denials of certiorari from the Supreme Court of the United States. The case also spurred highly visible activism from the pro-life movement and disability rights groups.
You will recall that Palm Sunday compromise consisted of "President Bush and Congressional Republicans anticipated Greer's adverse ruling well before it was delivered and worked on a daily basis to find an alternative means of overturning the legal process by utilizing the authority of the United States Congress." The Terry Shiavo drama was a perfect case in point of partisan politicians using the court systems to bend to their political will.

If the likes of these candidates got their way, one of the three co-equal branches of government-- The Judicial --, could be weakened to the point that it's almost extension of another branch -- the Executive Branch. This is what a majority of the current GOP candidates are actually advocating when they speak of activist judges and taking away the power that judges have.

This election is about far more than who gets to nominate the next Supreme Court Justice. For the GOP it's about radically changing the way our government operates. It's far beyond the idea of shrinking government -- they are advocating increasing powers for one branch while greatly reducing power from another. They expect to have a Republican majority in congress to help them carry these notions out. They want to shrink the power of a federal branch of government.

In my opinion, that is unhealthy for our democratic republic we call the United States of America. I believe it would be a step away from the Democracy our founding fathers intended. It would be a step closer to powers we once scorned in leaders around the world. There is a reason why there are three separate branches of government that are supposed to act independently from one another -- while at the same time, work for the betterment of the nation as a whole. We have enough problems with the congressional branch not carrying out what the Constitution requires them to do, we don't need another branch taking it a step further away from its intent.

and
Raine
 

29 comments (Latest Comment: 10/25/2011 03:01:36 by clintster)
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Comment by wickedpam on 10/24/2011 12:54:47
Morning

What was I reading this morning? A sci-fi-ish book called Event but I don't think that's what you meant

Comment by Mondobubba on 10/24/2011 12:59:31
Right now, I am gonna take a look at Doonsbury, then mosey on over to Salon. The Guardian or the BBC.

Comment by Scoopster on 10/24/2011 13:04:57
Mornin' all & Happy Mondee..

Comment by Scoopster on 10/24/2011 13:08:46
http://images.bluegartr.com/bucket/gallery/edf7e77f59f15b419f145c6ae2d4fe8e.gif


Comment by Mondobubba on 10/24/2011 13:14:25
Quote by Scoopster:
http://images.bluegartr.com/bucket/gallery/edf7e77f59f15b419f145c6ae2d4fe8e.gif





Comment by Mondobubba on 10/24/2011 13:16:46
Comment by TriSec on 10/24/2011 13:29:36
I've gone all WWII geekish at the moment....still working on "Ike", leafing through another compilation at home, and I've been studying the Battle of the Coral Sea and Midway and the resulting damage to the IJN.

It's also the anniversary of the Battle of Leyte Gulf over these past few days; the last Japanese Pearl Harbor veteran (Zuikaku) was sunk on this day in '44.

Comment by Raine on 10/24/2011 13:36:02
Happy Birthday to the United Nations!

Comment by TriSec on 10/24/2011 14:12:09
Listening to Friday's TRMS about the announcement that the troops are coming home.

The replay of Bush/Cheney 'justifying' our invasion is so.....Goebbels.



Comment by trojanrabbit on 10/24/2011 14:27:22
Mrs Rabbit update.

Pain is worse than ever. She saw her orthopaedist this morning and she will have an MRI tomorrow and he gave her Oxicontin.......as long as she doesn't get a hankerin' for Dominican boys (or would that be girls) and Viagra maybe we'll be alright.

Comment by TriSec on 10/24/2011 14:41:28
Say gang....I've got a new side project.

There will be regular updates. (I hope.)


Comment by wickedpam on 10/24/2011 15:10:34
I'm so freaking sleepy I'm having a hard time keeping my eyes open! I think I just fell asleep at my desk!

Comment by wickedpam on 10/24/2011 15:41:34
if schools want to "avoid" hurt feelings they need to ban valentines day crap

Comment by Raine on 10/24/2011 15:50:42
Still making edits, but the blog is up.

Comment by Raine on 10/24/2011 15:54:00
Quote by TriSec:
Say gang....I've got a new side project.

There will be regular updates. (I hope.)
Aha!

hopefully you won't need this for long!


Comment by livingonli on 10/24/2011 16:00:01
Good morning everyone. It's feeling like that kind of day.

Comment by Scoopster on 10/24/2011 16:00:20
Quote by wickedpam:
I'm so freaking sleepy I'm having a hard time keeping my eyes open! I think I just fell asleep at my desk!

It's been that kinda day here too.. then again the coffee pot was in hardcore dishwash mode for a couple hours so I haven't had any coffee yet today (until now).

Comment by Raine on 10/24/2011 16:18:15
Sorry the blog took so long. I was really trying to make the point in a very specific way.

Comment by TriSec on 10/24/2011 16:40:28
Mmm....we're a rather flaccid bunch today.



Comment by TriSec on 10/24/2011 16:53:39
I've recently been made aware that a certain New Orleans hornplayer's 50th birthday was last week.

Longtime readers of this blog know of my opinion of Mr. Marsalis and his 20-year retardation of modern jazz development....but happy birthday, nevertheless.

I don't question his technical ability; he's as smooth as anyone. But like Miles said, "He's a nice young man...just misguided."



Comment by Mondobubba on 10/24/2011 18:59:08
Quote by TriSec:
I've recently been made aware that a certain New Orleans hornplayer's 50th birthday was last week.

Longtime readers of this blog know of my opinion of Mr. Marsalis and his 20-year retardation of modern jazz development....but happy birthday, nevertheless.

I don't question his technical ability; he's as smooth as anyone. But like Miles said, "He's a nice young man...just misguided."



Me, screw him and the horse he rode in on. Don't like him.



Comment by Raine on 10/24/2011 19:58:59
I like him.

Tough.

Comment by Mondobubba on 10/24/2011 20:06:47
Whine-ton is preening over paid primadonna who reads his own press and takes it seriously. He treats the staff of Jazz at Lincoln Center like the help. it short Wynton is a dick.

Comment by Scoopster on 10/24/2011 20:29:29
You know what really pisses me off? People who think that civil action does nothing.

A friend of mine just tried to compare me to a fucking birther and Glenn Beck because I was trying to explain how I believe being active in OWS is actually making a slow but needed change in the country's political discourse. This same person lives in fucking Wisconsin and has constantly expressed his outrage at what's going on in his state, yet he thinks not standing up & speaking his mind is how he's gonna help to change things?!

Comment by Raine on 10/24/2011 20:34:19
Quote by Scoopster:
You know what really pisses me off? People who think that civil action does nothing.

A friend of mine just tried to compare me to a fucking birther and Glenn Beck because I was trying to explain how I believe being active in OWS is actually making a slow but needed change in the country's political discourse. This same person lives in fucking Wisconsin and has constantly expressed his outrage at what's going on in his state, yet he thinks not standing up & speaking his mind is how he's gonna help to change things?!
OK, for all my questioning on OWS, that is one that I would not present.

Why would he/she do that?


Comment by wickedpam on 10/24/2011 20:35:18
Quote by Scoopster:
You know what really pisses me off? People who think that civil action does nothing.

A friend of mine just tried to compare me to a fucking birther and Glenn Beck because I was trying to explain how I believe being active in OWS is actually making a slow but needed change in the country's political discourse. This same person lives in fucking Wisconsin and has constantly expressed his outrage at what's going on in his state, yet he thinks not standing up & speaking his mind is how he's gonna help to change things?!



gov't's not psyhic they can't read our minds


or can they?

Comment by Mondobubba on 10/24/2011 20:38:53
Quote by Scoopster:
You know what really pisses me off? People who think that civil action does nothing.

A friend of mine just tried to compare me to a fucking birther and Glenn Beck because I was trying to explain how I believe being active in OWS is actually making a slow but needed change in the country's political discourse. This same person lives in fucking Wisconsin and has constantly expressed his outrage at what's going on in his state, yet he thinks not standing up & speaking his mind is how he's gonna help to change things?!


Agreed Scoop. The more people taking a stand, the better.

Comment by velveeta jones on 10/25/2011 02:38:30
Oh Clinster, thank you for posting something! Contrary to what you may have heard, I did not fall off the flat side of the Earth, instead, I was trapped in a house out of state that lost all internets. Then I was in a car all day with screaming teenagers driving back to my state, then I went to bed with a headache...... from the screaming teenagers no doubt. Anyhoo, thank you.

Comment by clintster on 10/25/2011 03:01:36
Quote by velveeta jones:
Oh Clinster, thank you for posting something! Contrary to what you may have heard, I did not fall off the flat side of the Earth, instead, I was trapped in a house out of state that lost all internets. Then I was in a car all day with screaming teenagers driving back to my state, then I went to bed with a headache...... from the screaming teenagers no doubt. Anyhoo, thank you.


Yer welcome. I figured that something traumatic had happened. My sympathies on the teenagers. As someone who deals with 50-60 of them on any given day, I know it can be daunting.