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Advice for Palin from an Attorney

Posted on 10/02/2008 8:04:30 AM PDT by disraeligears

If Palin is asked again about Supreme Court Decisions, she should state that she agrees with:

Marbury v Madision (stating that the Supreme Court's province is judicial review, that is to interpret the law; which would give her a platform to state that this is what the Supreme Court is thus strictly limited thereby and is not empowered to "make law");

Brown v Board of Education (argued by Thurgood Marshall, Esq., the Court held that "separate but equal" did not pass constitutional muster); and

that she found abhorent, and without proper basis to what is in the Constitution or in her heart:

Plessy v Ferguson (upholding segregation under the "separate but equal" doctrine), and

Roe v Wade (because even if there is a right to privacy, as most may agree, that right does not justify the privacy rights and sheer right to life of an unborn child).

As evidence by Plessy v Ferguson, the Supreme Court gets it wrong from time to time, and definitely got it wrong with Roe v Wade.

Enough said.


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KEYWORDS: couric; courts; debate; palin
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To: disraeligears
As evidence by Plessy v Ferguson, the Supreme Court gets it wrong from time to time

Isn't any reversal, by any court, a tacit admission that it was wrong?

21 posted on 10/02/2008 8:37:01 AM PDT by CharacterCounts (Wanted: Snappy, erudite tag line.)
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To: job

I looked it up; it’s 8th grade middle school social studies. They tend to teach Marbury, Brown vs Board Ed, Plessy v Ferguson. Kids’ stuff.

http://www.google.com/search?hl=en&q=marbury+madison+social+studies+grade+curriculum


22 posted on 10/02/2008 8:38:40 AM PDT by Huck ("Lying rides upon debt's back." --Poor Richard's Almanac)
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To: CharacterCounts

No. It’s a showing that the court has had a shakeup either in its justices or in their opinions. It does not and never has meant that its previous decision was per se wrong.


23 posted on 10/02/2008 8:39:48 AM PDT by Beeman
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To: Huck
I’m just sayin’, if Palin gives grammar school answers, that is exactly how the MSM will report it

Public hates lawyers --Reagan wasn't a lawyer
24 posted on 10/02/2008 8:42:00 AM PDT by uncbob
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To: Beeman
The answer is let Sarah be Sarah and stop trying to make her what she isn't.

That may be. I watched her answer on SCOTUS cases, and she flubbed it. Direct hit by Couric.

She did great at her acceptance speech

Which is now ancient history. It was a fine speech.

and great when she was introduced by McCain.

Yup. That was a good speech too. It too is ancient history. Since then, she's wowed big crowds re-giving a composite of the two speeches. But in interviews, she hasn't been able to handle the hostile press.

The MSM is trying to make her look dumb because

At least on the SCOTUS question, they succeeded.

When she acts like herself she does great, and this will play to the people. Enough said.

Was she not acting like herself in the interview?

25 posted on 10/02/2008 8:42:22 AM PDT by Huck ("Lying rides upon debt's back." --Poor Richard's Almanac)
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To: Retired Greyhound

I agree with you. If Sarah can discuss SCOTUS decisions with some familiarity tonight, she will undue any damage there.


26 posted on 10/02/2008 8:42:22 AM PDT by tioga (My soul magnifies the Lord, and my spirit rejoices in God my Savior. Luke 1:47)
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To: disraeligears
Roe v Wade (because even if there is a right to privacy, as most may agree, that right does not justify the privacy rights and sheer right to life of an unborn child).

I think I know what you intended to say here, but would you care to revise the phrasing? As it stands, you are saying that your opinion is that the right to privacy does not justify the right to life of the unborn.

I think you mean to say that the right to privacy does not over-ride (what's the legal term?) the right to life of the unborn.

Or do I misunderstand?

27 posted on 10/02/2008 8:43:57 AM PDT by savedbygrace (SECURE THE BORDERS FIRST (I'M YELLING ON PURPOSE))
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To: Huck

Sarah needs to brush up on the Supreme Court decisions, but she is refreshingly NOT a lawyer.....I am SICK to death of them running for president.


28 posted on 10/02/2008 8:43:58 AM PDT by tioga (My soul magnifies the Lord, and my spirit rejoices in God my Savior. Luke 1:47)
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To: disraeligears

Add the Dred Scott decision to the list of bad decisions and remind everyone that the US Supreme Court never overturned that decision. It was simply made moot by the 13th, 14th, and 15th amendments to the Constitution.


29 posted on 10/02/2008 8:45:30 AM PDT by Ditto (Global Warming: The 21st Century's Snake Oil)
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To: Beeman
No. It’s a showing that the court has had a shakeup either in its justices or in their opinions. It does not and never has meant that its previous decision was per se wrong.

Exactly If things were so obvious all decisions would be 9-0 and even then it would as you say depend
30 posted on 10/02/2008 8:46:10 AM PDT by uncbob
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To: Huck

No she wasn’t. She was trying to give answers that the ignorant campaign wanted her to give. Watch her at a stump speech and you will see her at her best.


31 posted on 10/02/2008 8:47:03 AM PDT by Beeman
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To: tioga

Right. She doesn’t need to know the names of the cases, but she should know the nature of the major decisions.

Marbury, Dred Scott, Plessy, & the recent ones like Kilo and Hamdi.


32 posted on 10/02/2008 8:47:45 AM PDT by Retired Greyhound
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To: uncbob
Reagan wasn't a lawyer

| No he wasn't, but he had demonstrated for years a very deep understanding of government and its relationship to freedom. He understood the principles which informed the design the Framers' left us. And he demonstrated an almost unmatched ability to articulate those fundamental principles in a way people could understand.

Go back and read "The Speech": The Speech

Reagan wasn't even a governor yet when he gave that speech. Read the speech, then go watch Palin answer Couric about SCOTUS decisions, and then tell me if she's anywhere near the same league. She exhibited none of it.

33 posted on 10/02/2008 8:48:24 AM PDT by Huck ("Lying rides upon debt's back." --Poor Richard's Almanac)
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To: Beeman
Stump speech? C'mon. I've seen it on tv several times. I told them thanks but no thanks on that bridge to nowhere. I helped get a big pipeline project going. We're gonna shake things up in Washington. etc. etc.

Has she stumped on the subject of judges?

34 posted on 10/02/2008 8:49:42 AM PDT by Huck ("Lying rides upon debt's back." --Poor Richard's Almanac)
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To: disraeligears

I agree with you that Gov. Palin could have been schooled on basic con law and Supreme Court decisions, but there are so many areas, not only of the law, but policy and governmental affairs that Katie would have found something that she did not know about and pummelled her on it.

Part of the problem with Couric’s question was that it was TOO broad. I am an attorney, and I didn’t have too much trouble coming up with cases (I would have said, among others, Lawrence vs Texas which reveresed Bowers vs Hardwick, as another case, like Roe, of the Court usurping state authority).

Anyway, that’s what attorney generals are for. I don’t imagine Biden will be asked about natural gas vs petroleum as the more efficient fuel, much less a follow up question on the matter.


35 posted on 10/02/2008 8:49:59 AM PDT by NCLaw441
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To: savedbygrace

You are correct, the basic right to privacy by the mother does not justify the deprivation of life (and thus all privacy rights) of the unborn child; a balancing test if you will, if you believe that we all have some right to privacy.


36 posted on 10/02/2008 8:50:35 AM PDT by disraeligears (How was the CREAM Madison Square Garden Concert?)
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To: Huck

I looked it up; it’s 8th grade middle school social studies. They tend to teach Marbury, Brown vs Board Ed, Plessy v Ferguson. Kids’ stuff.


Nonsense. The first I ever heard of Marbury after an excellent secondary education and Ivy-caliber engineering degree was in Law School.

And honestly, I abhor many of the SCOTUS decisions, but if I had been asked out of the blue, I’d have struggled. Of course, Kelo (which didn’t occur to me in 24 hours after the issue arise until reading a freeper’s comment), and all the ones expanding the commerce clause (I could never remember case names in law school either), and the recent death penalty for child rape case. There are dozens more, but I just don’t catalog them for mental access, I’m afraid.

Oh, and the Michigan affirmative action case, and Bakke (they’re gradually coming back to me.)


37 posted on 10/02/2008 8:52:37 AM PDT by Atlas Sneezed (Guns don't kill people, criminals and the governments that create them do.)
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To: Huck

No, and why should she. Has BO or Biden or McCain stumped on the issue of judicial opinions? Name the date and time. You can’t. She is being treated differently because she is a conservative woman.


38 posted on 10/02/2008 8:53:08 AM PDT by Beeman
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To: tioga
Sarah needs to brush up on the Supreme Court decisions

lol. I'll say. Truth is, it's too late, she already got exposed on it. And it's sad that someone so close to the presidency would have so little to say about such a crucial subject.

but she is refreshingly NOT a lawyer.....I am SICK to death of them running for president.

I agree with you on that. I don't think lawyers make good executives. Their culture is not a good farm system for that kind of skill set. I don't mind if a person has a law degree. I've always thought it would be sort of fun to get one, if I had that kind of time and money on my hands, which I don't. But lawyers, who ply the trade? Oy.

39 posted on 10/02/2008 8:53:32 AM PDT by Huck ("Lying rides upon debt's back." --Poor Richard's Almanac)
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To: Huck

It looks like you simply don’t like her rural American style. That’s your problem, not hers.


40 posted on 10/02/2008 8:54:35 AM PDT by Beeman
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