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To: big'ol_freeper
The modern "activist" judiciary are a direct result of Congress abrogating its constitutional responsibilities by trying to avoid "hard" political questions.

As constructed, the Legislative, Executive, and Judicial branches of government are co-equal, however it is clear that the intent was that the Legislative branch is primus inter pares because that is the branch in which the framers placed political power. Today the Legislature is the least effective branch of government and has deferred to both the Executive and Judicial branches to such an extent that most political power now resides there, which is dangerous.

The primary power of the Judicial branch is fundamentally moral. As impartial dispensers of justice their power derives from the respect that comes from them being seen the embodiment of the Rule of Law and as being "above politics". When judges become political, they undermine not only their own moral authority but also respect for the Law in general, for the Law is nothing other than a catalog of decided political questions. When laws no longer mean what they say, but can be arbitrarily reinterpreted by others, or are so "fuzzy" or convoluted that they defy plain understanding, then their societal value is moot.

The Executive's power, by contrast, is that of brute force. The Executive branch, by design, has the "muscle" to enforce the Rule of Law on those for whom moral suasion is insufficient. Despite being an elected office, and having a political role as a check on Congress via the veto, the president is supposed to be more of a moral figure than a political one since he is supposed to represent the country as a whole rather than individual constituencies. As a result, the president's real power is the power of the bully pulpit.

Currently the system of checks and balances is severely out of balance. One of President Trump's biggest challenges (and opportunities) is to address this imbalance. Whether he succeeds will be one of the central dramas of his administration.

48 posted on 02/10/2017 7:15:12 AM PST by AustinBill (consequence is what makes our choices real)
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To: AustinBill

The “State of the Union” comes up on the 28th... The timing is perfect to frame your concerns regarding the alignment/powers of the branches of gov’t and announce that power is being restored to the people AND the states in accordance with the Constitution.


49 posted on 02/10/2017 7:26:18 AM PST by Neidermeyer (Bill Clinton is a 5 star general in the WAR ON WOMEN and Hillary is his Goebbels.)
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To: AustinBill
Great post.

"The primary power of the Judicial branch is fundamentally moral. As impartial dispensers of justice their power derives from the respect that comes from them being seen the embodiment of the Rule of Law and as being "above politics". When judges become political, they undermine not only their own moral authority but also respect for the Law in general, for the Law is nothing other than a catalog of decided political questions. When laws no longer mean what they say, but can be arbitrarily reinterpreted by others, or are so "fuzzy" or convoluted that they defy plain understanding, then their societal value is moot.

Sort of like scientists and "settled science."

50 posted on 02/10/2017 7:30:16 AM PST by thecodont
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To: AustinBill
Great post.

"The primary power of the Judicial branch is fundamentally moral. As impartial dispensers of justice their power derives from the respect that comes from them being seen the embodiment of the Rule of Law and as being "above politics". When judges become political, they undermine not only their own moral authority but also respect for the Law in general, for the Law is nothing other than a catalog of decided political questions. When laws no longer mean what they say, but can be arbitrarily reinterpreted by others, or are so "fuzzy" or convoluted that they defy plain understanding, then their societal value is moot.

Sort of like scientists and "settled science."

51 posted on 02/10/2017 7:30:57 AM PST by thecodont
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