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Re: Warning the court, threatening the country [Re: Posco] #7418649
11/30/21 07:08 PM
11/30/21 07:08 PM
Joined: Dec 2006
Posts: 17,379
Coeur d' Alene, Idaho
J
James Offline
"Minka"
James  Offline
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J

Joined: Dec 2006
Posts: 17,379
Coeur d' Alene, Idaho
I'm glad to hear someone say that voting matters..

Jim


Forum Infidel since 2001

"And that troll bs is something triggered snowflakes say when they dont like what someone posts." - Boco
Re: Warning the court, threatening the country [Re: Posco] #7418654
11/30/21 07:21 PM
11/30/21 07:21 PM
Joined: Jul 2009
Posts: 2,459
Oregon
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H2ORat Offline
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Posts: 2,459
Oregon
voting used to matter -- maybe 30 years ago in this state - but not currently.

Re: Warning the court, threatening the country [Re: Posco] #7418667
11/30/21 07:35 PM
11/30/21 07:35 PM
Joined: Aug 2010
Posts: 10,787
Asheville, NC
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charles Offline
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Asheville, NC
We have separation of powers for a reason. The judicial branch is separate and equal to the other two branches. It may not always be perfect, but it is a darn good system. How would you improve it.
Threats to any branch should be dealt with accordingly. We already have the laws in place. We need to use them to their fullest potential, regardless of who the offender is,

Re: Warning the court, threatening the country [Re: Posco] #7418674
11/30/21 07:37 PM
11/30/21 07:37 PM
Joined: Feb 2014
Posts: 25,692
nm
A
adam m Offline
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Many of the "leaders" in dc called to keep rioting keep protesting keep up the fight during 6 years of riots, so this doesn't surprise me. Celebs liberals and Democrats all get a free pass even if they openly talk about blowing up the white house killing the potus severing his head etc...

Re: Warning the court, threatening the country [Re: Quartermastersir] #7418680
11/30/21 07:42 PM
11/30/21 07:42 PM
Joined: Aug 2012
Posts: 9,915
Arkansas
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J Staton Offline
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Arkansas
Originally Posted by Quartermastersir
Roe V wade causes me great concern.
Right now the democrats are in self destruct mode. they are finally beginning to look like the fools they and their policies are.
Now that Trump is gone they have nothing to unite the ultra left progressive socialists with the moderate socialists and the centrist socialists.
If Roe v Wade gets overturned that may give them a unifying rallying cry and change the mid terms from a republican landslide to a much closer battle. perhaps even allowing them to maintain control.



If it saves 1,000,000 lives a year, I reckon I could handle a few more years of democrat control.


James 1: 19-20
Re: Warning the court, threatening the country [Re: Posco] #7418685
11/30/21 07:50 PM
11/30/21 07:50 PM
Joined: Mar 2014
Posts: 3,653
Central Texas
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Chancey Offline
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Central Texas
I doubt we will ever see a republican landslide again. Too many liberals moving into Texas and too many immigrants wanting handouts coming in by the thousands. It will be interesting to see just how purple Texas becomes. Also way too many rhinos in local county judge offices around here. Amazing how much damage they can do in 4 years.


Resident Conspiracy Theorist
Accused Moron, Nazi, Low IQ, and Putin Fan Boy
Re: Warning the court, threatening the country [Re: white17] #7418712
11/30/21 08:16 PM
11/30/21 08:16 PM
Joined: Dec 2006
Posts: 17,379
Coeur d' Alene, Idaho
J
James Offline
"Minka"
James  Offline
"Minka"
J

Joined: Dec 2006
Posts: 17,379
Coeur d' Alene, Idaho
Originally Posted by white17
Originally Posted by Oh Snap
Can the Supreme Court rule on packing the court?



Congress created the Supreme Court and can set the number of justices


The Constitution, Art. III Sec.1, created the Supreme Court. Lesser courts are established by Congress.

The Constitution doesn't specify the number of justices on the Supreme Court (or lesser courts).

By not specifying the number of justices, the Framers of the Constitution showed their intention of meeting the needs of a growing nation and increasing court workload.

I think the number of justices should be increased to meet caseloads that have increased by orders of magnitude since the number was last set on nine, back in the 19th Century.

If the proposed increase is just an attempt at court-packing by either party, I oppose it.

Jim


Forum Infidel since 2001

"And that troll bs is something triggered snowflakes say when they dont like what someone posts." - Boco
Re: Warning the court, threatening the country [Re: J Staton] #7418723
11/30/21 08:23 PM
11/30/21 08:23 PM
Joined: Feb 2015
Posts: 10,471
Iowa
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trapdog1 Offline
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Joined: Feb 2015
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Iowa
Originally Posted by J Staton
Originally Posted by Quartermastersir
Roe V wade causes me great concern.
Right now the democrats are in self destruct mode. they are finally beginning to look like the fools they and their policies are.
Now that Trump is gone they have nothing to unite the ultra left progressive socialists with the moderate socialists and the centrist socialists.
If Roe v Wade gets overturned that may give them a unifying rallying cry and change the mid terms from a republican landslide to a much closer battle. perhaps even allowing them to maintain control.



If it saves 1,000,000 lives a year, I reckon I could handle a few more years of democrat control.

I don't see it ever getting overturned. It's been the "law of the land" for too long now. No one has the power or guts to do anything about it.

Re: Warning the court, threatening the country [Re: Quartermastersir] #7418726
11/30/21 08:29 PM
11/30/21 08:29 PM
Joined: Nov 2017
Posts: 11,194
Maine, Aroostook
Posco Offline OP
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Posco  Offline OP
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Maine, Aroostook
Originally Posted by Quartermastersir
Roe V wade causes me great concern.
Right now the democrats are in self destruct mode. they are finally beginning to look like the fools they and their policies are.
Now that Trump is gone they have nothing to unite the ultra left progressive socialists with the moderate socialists and the centrist socialists.
If Roe v Wade gets overturned that may give them a unifying rallying cry and change the mid terms from a republican landslide to a much closer battle. perhaps even allowing them to maintain control.



That's a valid concern but Republicans are only a slightly lesser evil than Democrats, they just slow the rate of decline.

Re: Warning the court, threatening the country [Re: James] #7418743
11/30/21 08:43 PM
11/30/21 08:43 PM
Joined: Mar 2007
Posts: 35,129
McGrath, AK
W
white17 Offline

"General (Mr.Sunshine) Washington"
white17  Offline

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Joined: Mar 2007
Posts: 35,129
McGrath, AK
Originally Posted by James
Originally Posted by white17


Congress created the Supreme Court and can set the number of justices


The Constitution, Art. III Sec.1, created the Supreme Court. Lesser courts are established by Congress.

The Constitution doesn't specify the number of justices on the Supreme Court (or lesser courts).

By not specifying the number of justices, the Framers of the Constitution showed their intention of meeting the needs of a growing nation and increasing court workload.

I think the number of justices should be increased to meet caseloads that have increased by orders of magnitude since the number was last set on nine, back in the 19th Century.

If the proposed increase is just an attempt at court-packing by either party, I oppose it.

Jim


So Jim, would it be incorrect to say that the Constitution authorized the Supreme Court but that Congress created it by the enabling legislation of the Judiciary Act of 1789 .Passed by congress and signed by Washington ? SCOTUS didn't exist until that happened.


Mean As Nails
Re: Warning the court, threatening the country [Re: Posco] #7418753
11/30/21 08:56 PM
11/30/21 08:56 PM
Joined: Dec 2006
Posts: 17,379
Coeur d' Alene, Idaho
J
James Offline
"Minka"
James  Offline
"Minka"
J

Joined: Dec 2006
Posts: 17,379
Coeur d' Alene, Idaho
I wouldn't say that Congress created the court. I've forgotten whatever I once learned about the Judiciary Act of 1789, but I think that was enabling legislation, to physically set up the Court, allow a budget, offices, etc.

But don't quote me.

Jim


Forum Infidel since 2001

"And that troll bs is something triggered snowflakes say when they dont like what someone posts." - Boco
Re: Warning the court, threatening the country [Re: Posco] #7418754
11/30/21 08:59 PM
11/30/21 08:59 PM
Joined: Mar 2012
Posts: 257
Barbour county,WV
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Oleo Acres Offline
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Barbour county,WV
Any thoughts on the main problem with the Supreme Court? No enforcement mechanism !!

Re: Warning the court, threatening the country [Re: Posco] #7418757
11/30/21 09:03 PM
11/30/21 09:03 PM
Joined: Dec 2006
Posts: 17,379
Coeur d' Alene, Idaho
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James Offline
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Coeur d' Alene, Idaho
What sort of enforcement mechanism would you like to see?

Jim


Forum Infidel since 2001

"And that troll bs is something triggered snowflakes say when they dont like what someone posts." - Boco
Re: Warning the court, threatening the country [Re: Posco] #7418764
11/30/21 09:09 PM
11/30/21 09:09 PM
Joined: Mar 2012
Posts: 257
Barbour county,WV
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Oleo Acres Offline
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Not sure exactly,but when they rule,it is supposed to be the law of the land. If they rule,for example,on gun control,and are ignored,they should be able to hold representatives accountable.

Re: Warning the court, threatening the country [Re: Posco] #7418774
11/30/21 09:19 PM
11/30/21 09:19 PM
Joined: Dec 2006
Posts: 17,379
Coeur d' Alene, Idaho
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James Offline
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James  Offline
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J

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Coeur d' Alene, Idaho
The three branches of government rely on mutual deference to the others' spheres of power or jurisdiction. Congress and the president are supposed to defer to the Court's pronouncements of law, and the Court is expected to stay out of policy, which is the purview of president and Congress.

This understanding gets frayed and tested by controversial cases, like Roe v. Wade, or Citzens' United.

Jim


Forum Infidel since 2001

"And that troll bs is something triggered snowflakes say when they dont like what someone posts." - Boco
Re: Warning the court, threatening the country [Re: James] #7418786
11/30/21 09:28 PM
11/30/21 09:28 PM
Joined: Mar 2007
Posts: 35,129
McGrath, AK
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white17 Offline

"General (Mr.Sunshine) Washington"
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McGrath, AK
Originally Posted by James
What sort of enforcement mechanism would you like to see?

Jim



Can't SCOTUS issue a writ of mandamus ? Who would enforces those ? Federal marshals ? Or are they part of the executive branch ?


Mean As Nails
Re: Warning the court, threatening the country [Re: Posco] #7418811
11/30/21 09:45 PM
11/30/21 09:45 PM
Joined: Dec 2006
Posts: 17,379
Coeur d' Alene, Idaho
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James Offline
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James  Offline
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Coeur d' Alene, Idaho
A writ of mandamus is an order to a lower court to do something.

Aren't federal marshals part of the Justice Department, which is part of the executive branch?

Jim


Forum Infidel since 2001

"And that troll bs is something triggered snowflakes say when they dont like what someone posts." - Boco
Re: Warning the court, threatening the country [Re: Posco] #7418834
11/30/21 09:59 PM
11/30/21 09:59 PM
Joined: Mar 2007
Posts: 35,129
McGrath, AK
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white17 Offline

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I thought the writ could also be directed at government officials to compel them to comply with the law ?? Is that not the case ? Or are you saying that in the case of SCOTUS, a mandamus order would be directed at a lower court....but lower courts could also issue them against individuals ?


Mean As Nails
Re: Warning the court, threatening the country [Re: charles] #7418841
11/30/21 10:06 PM
11/30/21 10:06 PM
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Posts: 6,461
central Haudenosaunee, the De...
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white marlin Offline
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Originally Posted by charles
We have separation of powers for a reason. The judicial branch is separate and equal to the other two branches. It may not always be perfect, but it is a darn good system. How would you improve it.
Threats to any branch should be dealt with accordingly. We already have the laws in place. We need to use them to their fullest potential, regardless of who the offender is,


didn't read the whole thread, but I recall Chuck Schumer threatening SCOTUS, and nothing came of that...

Re: Warning the court, threatening the country [Re: white17] #7418869
11/30/21 10:25 PM
11/30/21 10:25 PM
Joined: Dec 2006
Posts: 17,379
Coeur d' Alene, Idaho
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James Offline
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James  Offline
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Coeur d' Alene, Idaho
Originally Posted by white17
I thought the writ could also be directed at government officials to compel them to comply with the law ?? Is that not the case ? Or are you saying that in the case of SCOTUS, a mandamus order would be directed at a lower court....but lower courts could also issue them against individuals ?


I think you're right--on both counts.

Suppose the Court strikes down Texas's abortion law. Normally, the Texas authorities would comply with that decision, and allow abortion clinics to reopen.

But what if the Texas governor tells the Court to take a hike, and orders state troopers to keep the abortion clinics closed? The Court would need the president's help at that point, to enforce its decision--I think--with federal marshals. At least that's the way it worked back in the civil rights era. I don't know the procedural mechanism, writ of mandamus probably.

I may have picked a bad example. I don't mean to reopen the abortion issue.

Jim


Forum Infidel since 2001

"And that troll bs is something triggered snowflakes say when they dont like what someone posts." - Boco
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