Posted on 08/09/2005 6:17:00 PM PDT by wagglebee
I have kind of a different view about Marbury. I think it was good law when it was written.
You've got to have a way to decide constitutional issues, and it makes sense to put that power in the least powerful branch of government. Unfortunately, the problem is that Marbury has been abused. It's the responsibility of the President and Congress to put the judiciary back in its intended roll. But that is happening very slowly, and I believe that it may be too late already to fix the damage that they've inflicted on this Nation.
The problem is that the President and the Congress are complicit with this abuse.
It's amazing that Breyer isn't embarassed to admit his ignorance about the proper role of courts in the republic. I urge people to educate judges about the responsibility courts have to limit their action to the interpretation of law, not the formulation of law.
"If we do not protect our courts, our courts cannot protect us..."
I agree wholeheartedly. But we need to protect our courts from our power-mongering elitist judges. We need to repeal judicial immunity and pass a law against legislating from the bench.
His arrogance and the implied arrogance of his fellow jurors is in infuriating.
There isn't independence from the people, only from the other two branches (except for the "checks"). Just like the other branches, the Judicary is to represent and protect the People (through the Constitution).
They just showed a clip of that "speech" that Breyer gave...and you could see old Lindsay Graham in the background...
What is with this guy? What is he doing with these SCOTUS guys...and the GAng of 14....and John McCain....
Graham has got some kind of egomania problem...he has to be in on EVERTHING!!
I'll take your comment as corroboration, since I can't interpret it as disagreement in any way that makes sense.
Earth to Breyer, Earth to Breyer:
When the judiciary turns itself into a supreme legislature and at times even executive (think of the school busing cases, among others), using POLITICAL criteria to dominate the other two properly POLITICAL branches of government, the obvious outcome is that the highly POLITICAL behavior of the courts will come under POLITICAL types of criticism..... or evern what you term 'attacks'....
Moral of the story: when the imperial judiciary usurps the proper role of the other two supposedly INDEPENDENT branches, don't be surprised at the criticism which results.... and STOP WHINING, it's your own d-----d fault!
That's what I thought you meant. Thanks for the clarification.
Of course, my "it's the checks and balances, stupid" was merely advocating the most efficient way to convey the proper constitutional viewpoint in the vernacular that liberals can relate to.
His conduct suggests that he is seriously compromised. He allegedly referred to himself as a Republican by day and a Democrat by night. In short, a self-described switch hitter.
As for McCain, always remember that as a sitting senator, he was one of the Keating Five, as longstanding buttboy for Charles Keating, a corrupt S&L bandit. If the Keating Five had all been pubbies, they would have gone to jail, but McInsane was the only pubbie so he got the same wrist slap as the four other Democrat perpetrators, including John Glenn, BTW. The point is, from the beginning of his career in Congress, McCain took big bucks from a crook in return for many improper and unlawful interventions on the crook's behalf, and got away with it. Thus, would a reasonable man bet the ranch that McInsane has been clean ever since? His absolute contempt for the Constitution, repeated disloyalty to the party and endless hobnobbing and cozening with the quisling MSM suggest otherwise.
FLASH Mr Justice: it is the independence that bothers us!
The problem with Breyer's position is that he seems to define judicial independence not only as being free from political interference, which I agree with, but to be independent of the Constitution itself as in allowing the Court to do whatever it desires.
The court is also bound completely by the Constitution.
Oh, they don't make new laws. They just clarify the many emanations of the different penumbras surrounding the existing laws. </sarcasm>
Agree... Breyer has been one of the justices in the forefront of politicizing the role of the court. Now there is a political backlash and he wants to be a victim and claim immunity because the court is "independent"... Guess again, what goes around comes around. You helped make the situation, Stevie, and you can either get a clue, get gone, or stand by for more heavy rolls. Has his property been condemned under the Kelso ruling yet? Inquiring minds want to know...
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