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High-Stakes Courts (Thomas Sowell)
Jewish World Review ^ | July 1, 2008 | Thomas Sowell

Posted on 06/30/2008 7:05:05 PM PDT by jazusamo

Recent landmark court decisions are reminders that elections are not just about putting candidates in office for a few years.

The judges that elected officials put on the bench can remake the legal landscape, change fundamental social policies and even affect the way wars are fought, long after those who appointed them have served their terms and passed from the scene.

The Supreme Court recently created a new "right" out of thin air for captured enemy soldiers and terrorists— the right to seek release in the federal courts, something that neither the Constitution nor the Geneva Convention provided.

The High Court has also struck down gun control laws as violations of the Second Amendment. Whatever the legal merits or the policy merits of that decision, it is a major change, created by judges.

The point here is that federal judges, including Supreme Court justices, wield enormous— and growing— power. What that means is that when we vote for the candidates who will nominate and confirm judges, we are making decisions not only for ourselves but for generations yet unborn.

Recent momentous decisions of the U.S. Supreme Court have been decided by 5 to 4 votes, including the votes of justices appointed by presidents who are no longer living— Justice John Paul Stevens, appointed by President Ford, and Justice Anthony Kennedy, appointed by President Reagan.

Whoever is elected to the White House this November is expected to appoint two or three new members of the Supreme Court— justices who will be making major decisions affecting the future of American society, long after that president is gone.

Your children will be living during the lifetime tenure of those justices, and your grandchildren will be living in a world shaped by the precedents that those justices set.

(Excerpt) Read more at jewishworldreview.com ...


TOPICS: Editorial; Government; Politics/Elections
KEYWORDS: 2008; judiciary; potus; scotus; sowell; thomassowell
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Thomas Sowell is spot on, again.
1 posted on 06/30/2008 7:05:05 PM PDT by jazusamo
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To: AbeKrieger; Alia; Amalie; American Quilter; arthurus; awelliott; Bahbah; bamahead; bboop; ...
*PING*
Thomas Sowell

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Recent columns
The Imitators: Part III
The Imitators: Part II
The Imitators

Please FReepmail me if you would like to be added to, or removed from, the Thomas Sowell ping list…

2 posted on 06/30/2008 7:06:33 PM PDT by jazusamo (DefendOurMarines.org | DefendOurTroops.org)
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To: jazusamo

Not in uniform, not part of a recognized state...

” terrorists— the right to seek release in the federal courts, something that neither the Constitution nor the Geneva Convention provided. “

The ACLU is happy destroying America.


3 posted on 06/30/2008 7:14:39 PM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: george76

BINGO!


4 posted on 06/30/2008 7:17:25 PM PDT by A. Morgan (VOTE FOR A LIBERAL N' WE'LL BE UP TO OUR NECKS IN ILLEGALS and OUTA' GAS!)
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To: george76

Yes, I’m sure the ACLU is still celebrating, just a bunch of Rats.


5 posted on 06/30/2008 7:18:56 PM PDT by jazusamo (DefendOurMarines.org | DefendOurTroops.org)
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To: jazusamo

Interesting... I was just breezing through the Federalist Papers and found this in #78 - author Alexander Hamilton...

“Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.”

How ironic, huh?


6 posted on 06/30/2008 7:19:02 PM PDT by ataDude (Federalist #78)
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To: jazusamo
bump for the always brilliant Sowell.

Should be required reading for every American!

7 posted on 06/30/2008 7:27:52 PM PDT by mcenedo (lying liberal media - our most dangerous and powerful enemy)
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To: jazusamo
The point here is that federal judges, including Supreme Court justices, wield enormous— and growing— power.

I suppose Congress could one day rein in the Supreme Court's appellate jurisdiction.

8 posted on 06/30/2008 7:30:19 PM PDT by FoxInSocks (B. Hussein Obama: The Paucity of Hope)
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To: ataDude
That silly Hamilton. He thought judges would merely interpret the constitution. He had no idea they'd rewrite it.

Must be spinning in his grave.

A writer at the Chicago Tribune opined today that he thought the founding fathers, while brilliant, "needed an editor". I kid you not.

9 posted on 06/30/2008 7:31:50 PM PDT by tsmith130
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To: jazusamo
I wish I could write as well as Dr. Sowell. I made some of these points, first. But he made them best. Again I say, anyone who hasn't read and understood Sowell's writings, is not competent to be President.

Congressman Billybob

Latest article, "Beyond Guns: The Deeper Meaning of Heller"

10 posted on 06/30/2008 7:32:07 PM PDT by Congressman Billybob ( www.ArmorforCongress.com)
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To: ataDude
Although Jefferson seemed to catch on:

"At the establishment of our constitutions, the judiciary bodies were supposed to be the most helpless and harmless members of the government. Experience, however, soon showed in what way they were to become the most dangerous; that the insufficiency of the means provided for their removal gave them a freehold and irresponsibility in office; that their decisions, seeming to concern individual suitors only, pass silent and unheeded by the public at large; that these decisions, nevertheless, become law by precedent, sapping, by little and little, the foundations of the constitution, and working its change by construction, before any one has perceived that that invisible and helpless worm has been busily employed in consuming its substance. In truth, man is not made to be trusted for life, if secured against all liability to account." -- Thomas Jefferson (1823)

11 posted on 06/30/2008 7:41:41 PM PDT by dorothy ( "Those who hammer their guns into plows will plow for those who do not." ~ Thomas Jefferson)
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To: ataDude

Yes it is ironic. It seems the judiciary may be functioning in a manner not originally intended.


12 posted on 06/30/2008 7:46:17 PM PDT by jazusamo (DefendOurMarines.org | DefendOurTroops.org)
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To: Congressman Billybob

Thanks for linking your article, I missed it and I always look forward to reading them.


13 posted on 06/30/2008 7:51:25 PM PDT by jazusamo (DefendOurMarines.org | DefendOurTroops.org)
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To: dorothy

Great. Never saw that one before. Soooo, it took less than 30 years for the problem to surface.


14 posted on 06/30/2008 7:55:09 PM PDT by ataDude (Federalist #78)
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To: jazusamo; Norman Bates; fieldmarshaldj; ExTexasRedhead; justiceseeker93

This is very true. A Supreme Court with three Obama appoinees would be very bad for the nation.


15 posted on 06/30/2008 8:15:37 PM PDT by Clintonfatigued (If Islam conquers the world, the Earth will be at peace because the human race will be killed off.)
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To: jazusamo

Obviously a call to vote for McCain.

My guess, however, is that when a Supreme Court vacancy occurs during a McCain presidency, Harry Reid et. al will send over a memo with a half-dozen names of militant liberals on it, with the message “Nominate one of these, and they’ll be confirmed. Nominate anyone else, and they won’t get out of committee.”


16 posted on 06/30/2008 8:23:43 PM PDT by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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To: DuncanWaring

You could be right about that. I’m sure that weasel Reid will do just that if McCain is in office, I just hope he doesn’t cave to the Rats.


17 posted on 06/30/2008 8:37:16 PM PDT by jazusamo (DefendOurMarines.org | DefendOurTroops.org)
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To: jazusamo

What is needed is a constitutional crises where cities, counties and states disobey these judges. They do NOT have the power to make law or control state rights not given to them. We need to start electing local leaders who will tell the federal govt to take a hike and a citizenry who understands and supports their God given rights and freedoms. Unfortunately most of America is a bunch of welfare sucking dumbed down Ritalin addicts. So I guess you can ignore my first sentence.


18 posted on 06/30/2008 8:53:38 PM PDT by sasafras (Diversity = Mandated Racism)
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To: jazusamo

+1


19 posted on 06/30/2008 9:05:20 PM PDT by Christian4Bush ("In Israel, the President hit the nail on the head. The nails are complaining loudly." - John Bolton)
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To: jazusamo

Congress can cut the SCOTUS off at the knees anytime it so desires. It’s in the Constitution. Amazing how the SCOTUS has evolved into the first among the branches of govt, when the Constitution clearly puts the Congress over it.


20 posted on 06/30/2008 9:24:32 PM PDT by Travis McGee (--- www.EnemiesForeignAndDomestic.com ---)
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