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

To: CutePuppy

I would think that refereeing a dispute between the executive and legislative branches would be one of the more important things the 3rd branch of government should do.


11 posted on 06/26/2008 11:55:28 AM PDT by CharlesWayneCT
[ Post Reply | Private Reply | To 1 | View Replies ]


To: CharlesWayneCT
Not necessarily, especially for non-activist judges. The whole point is that in the balance is an assertion of Constitutionally granted powers to two branches, and a judge would tip that balance to one branch and set precedent and potential for abuse. Clinton tried to abuse executive privilege to cover his personal misdeeds, and courts consistently overruled his use of it in those matters as inappropriate. This case goes specifically to the separation of powers, and judge, to his credit, understands what's at stake (even if he rules on narrow grounds) and does not really want to be involved and may just shelve it to run out the clock until next Congress (and next administration).

... Bates, "who participated in spirited arguments with both sides for nearly three hours, summed up the court's predicament, saying, 'Whether I rule for the executive branch or I rule for the legislative branch, I'm going to disrupt the balance.'

15 posted on 06/26/2008 8:39:30 PM PDT by CutePuppy (If you don't ask the right questions you may not get the right answers)
[ Post Reply | Private Reply | To 11 | View Replies ]

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