Free Republic
Browse · Search
News/Activism
Topics · Post Article

Something MUST be done to rein in activist judges. 'Coercing Virtue: The Worldwide Rule of Judges' by Judge Robert H. Bork is a good book to read if this subject interests you.
1 posted on 04/16/2004 7:43:48 PM PDT by coffeebreak
[ Post Reply | Private Reply | View Replies ]


Navigation: use the links below to view more comments.
first 1-2021-33 next last
To: coffeebreak
The supreme court is the law of the land.
2 posted on 04/16/2004 7:46:54 PM PDT by rs79bm (Insert Democratic principles and ideals here: .............this space intentionally left blank.....)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: coffeebreak
YIKES!!!
3 posted on 04/16/2004 7:50:01 PM PDT by Sophie
[ Post Reply | Private Reply | To 1 | View Replies ]

To: coffeebreak
Robert Bork advanced a similar proposal in Slouching Towards Gomorrah. The basic idea is the final say about social and economic policy should rest with the elected representatives of the people, not with unelected judges. Its not like the American people are terribly extreme. The mere threat Congress can override the court when its wrong should push judges into seeking a consensus for important decisions instead of imposing one upon based on the whim of one man or in the case of the U.S Supreme Court, by a one vote margin.
4 posted on 04/16/2004 7:51:38 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: coffeebreak
Lewis must be brain dead or poseur to think a federal statute can override constitutional law.
5 posted on 04/16/2004 7:54:20 PM PDT by Torie
[ Post Reply | Private Reply | To 1 | View Replies ]

To: coffeebreak
Good! The Supreme Court is no longer fulfilling it's legal obligations just as activist judges. It's wise to have Congress keep them in check and stop them from some of their outrageous law making.
6 posted on 04/16/2004 7:54:21 PM PDT by nmh (Intelligent people recognize Intelligent Design (God).)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: coffeebreak
Are YOU FREAKING DAIN BRAMADGED? Think this little idea through. I hate activist judges but if you think the congress is the answer.....??? do you actually think congress will stay republican??? buddy it ebbs and flows... a monumental bad idea.
7 posted on 04/16/2004 7:54:31 PM PDT by Walkingfeather
[ Post Reply | Private Reply | To 1 | View Replies ]

To: coffeebreak
Even if this passed, the weanies in Congress would be afraid to use it.

All they have to do is impeach the activists on the 9th Circuit Court (the most overturned court in the history of the world and they are just begging for it) and you would see judicial circumspection flower across the land.

Congress is powerless because they refuse to wield the power they have, not because they need a new law giving them new or more power.

8 posted on 04/16/2004 7:59:52 PM PDT by Valpal1 (Impeach the 9th! Please!!)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: coffeebreak
Something has to be done.... but is this it?
10 posted on 04/16/2004 8:02:59 PM PDT by GeronL (I wore my chair out. I now use a plastic lawn chair.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: coffeebreak
Sorry - an act of Congress won't do it. It requires an amendment to the US Constitution.
12 posted on 04/16/2004 8:04:26 PM PDT by valkyrieanne (Fallujah delenda est.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: coffeebreak
Something MUST be done to rein in activist judges.

Let's separate activist judges from Supreme Court judges for the purpose of this response.

This legislation is misguided. Beside eroding our system of government it's totally unnecessary.

The founding father's built natural checks and balances into our system of government. No branch of government can run roughshod over the other two branches.

There has long been a simple solution available to the executive to deal with Supreme Court rulings gone wrong. Ignore them. Two presidents have. The court has no police/military power to enforce their decisions

There has long been a remedy available to the legislature to correct a screwed up Supreme Court. Stop funding the court. The legislature controls the purse strings.

15 posted on 04/16/2004 8:09:40 PM PDT by Amerigomag
[ Post Reply | Private Reply | To 1 | View Replies ]

To: coffeebreak
Well, the judiciary deserves this. They didn't reign themselves in, there is no other way to fix this.

What a mess.

18 posted on 04/16/2004 8:15:31 PM PDT by McGavin999 (Evil thrives when good men do nothing.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: coffeebreak
The basic idea here is that a super-majority should be able to overturn a Supreme Court ruling. There is already provision for that in the amendment process. How does this improve the amendment process?
22 posted on 04/16/2004 8:21:42 PM PDT by Fifth Business
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Congressman Billybob
What say you ?
29 posted on 04/16/2004 8:34:07 PM PDT by happygrl (this war is for all the marbles...)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: coffeebreak
So why doesn't congress do what they already have the power to do, mainly, impeach Supreme Court justices that misbehave?

Leagalizing the wholesale murder of the innocent unborn has to be the most egregious act of misbehavior in our time.

33 posted on 04/16/2004 8:40:02 PM PDT by nightdriver
[ Post Reply | Private Reply | To 1 | View Replies ]

To: coffeebreak
Here's a link to Mr. Lewis' comments in the House:
Comments by Mr. Lewis of Kentucky
39 posted on 04/16/2004 9:11:51 PM PDT by coffeebreak
[ Post Reply | Private Reply | To 1 | View Replies ]

To: coffeebreak; Admin Moderator
Duplicate thread.

Congress Seeks Authority to Overturn Supreme Court Decisions ^

41 posted on 04/16/2004 9:14:46 PM PDT by P-Marlowe (Let your light so shine before men....)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: coffeebreak
To take from some other place that I'm unable to remember... this would unfortunately give Congress to amend the Constitution with a 66% majority. If the rats manage to take a 66% majority in both houses, I can almost garuantee that there will be a gun ban at the very least.

And even if it's not that extreme, what's to stop Congress from giving themselves lifelong terms?

44 posted on 04/16/2004 9:46:57 PM PDT by Luircin (The grace of God alone)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: coffeebreak
I would prefer the fix be nomination and confirmation of truely good judges... GW Bush must be re-elected and get conservatives on the bench. (Please Mr. President, choose carefully and NOT to "get along.")
46 posted on 04/16/2004 9:50:51 PM PDT by Libertina
[ Post Reply | Private Reply | To 1 | View Replies ]

To: coffeebreak
I don't agree with this. It's not as if the people don't have options.

1. Congress can restrict the jurisdiction of courts.

2. They can impeach activist judges.

3. They can amend the Constitution.

These are just three of the Constitutional methods already available to deal with the problem of bad Supreme Court decisions.
47 posted on 04/16/2004 9:59:44 PM PDT by DameAutour (It's not Bush, it's the Congress.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: coffeebreak
"This legislation would be limited to rulings dealing with the constitutionality of bills passed by Congress only."

This I don't like, I think this statement may go to far in some ways and not far enough in other ways.

Think about it
48 posted on 04/16/2004 10:02:52 PM PDT by dila813
[ Post Reply | Private Reply | To 1 | View Replies ]


Navigation: use the links below to view more comments.
first 1-2021-33 next last

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson