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To: ndt; oceanview; The Cuban
That is not a leftest thing, that is a law thing. In law, especially in regards to government powers, precise wording is absolutely critical. The Weimar Republic was lost with a single poorly worded sentence. (ndt)

It, social engineering, is a leftist attitude which judicial activists employ at every opportunity.

Hmmm...one sentence? I would say that the lack of a sufficiently energized middle class with healthy conservative underpinnings was as much to blame as anything else one might point to in those troubled times. I prefer to avoid reliance on legalism as a guarantor of freedom and national security.

...the judiciary should have nothing to do with fighting wars. (oceanview)

The judicial will always insert itself into any area it can. But no one could seriously believe that a nation engaged in a fight for it's survival would pay attention to a group of hairsplitting jurists where operational matters are concerned.

They are purposely unaccountable, by design. That they are not democtratically appointed is only another sign that we have a republican not democratice form of government. Bush is as fallible. (The Cuban)

Actually they, the folks in black robes, are at the mercy of the other branches of government. If a President with Congressional backing chooses to ignore them, what happens? Short answer-- the judges condemn the Executive and Legislative branches, and then they go home. The minute the Judiciary is perceived by the majority as seriously impeding the nation's security, they will be removed from that area of concern.
48 posted on 12/28/2005 10:53:30 PM PST by PerConPat (A politician is an animal which can sit on a fence and yet keep both ears to the ground.-- Mencken)
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To: PerConPat
"Hmmm...one sentence?..."

That one sentence was what allowed the legal formation of a dictatorship out of a constitutional democracy.

"I prefer to avoid reliance on legalism as a guarantor of freedom and national security"

As opposed to what, blind faith in the leader? Seriously, if you don't want to rely on the law, what are you suggesting we use?

"But no one could seriously believe that a nation engaged in a fight for it's survival would pay attention to a group of hairsplitting jurists where operational matters are concerned."

Judges rule on the laws written by congress, if you have a problem with the law, take it up with them. For a judge to ignore the law as written by congress is the epitome of judicial activism.

"If a President with Congressional backing chooses to ignore them, what happens?"

That could potentially result in bloody battles between the national guard and federal marshals.
49 posted on 12/28/2005 11:24:06 PM PST by ndt
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