Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Diddle E. Squat; jwalsh07

indeed, that's where the left is going to go with this next - to try and get the AQ top honchos being held overseas by the CIA, into civilian courts, with ACLU lawyers, etc.

really, at this point, what further information do these guys like KSM have? why are they still alive?

the administration has some hard decisions to make in light of this SCOTUS ruling.


770 posted on 06/29/2006 10:58:19 AM PDT by oceanview
[ Post Reply | Private Reply | To 458 | View Replies ]


To: oceanview

--the administration has some hard decisions to make in light of this SCOTUS ruling.---

That leads to a bigger point. We conservatives sometimes do not see the forest for the trees. Such is the case here. The forest--or elephant in the living room--that is being ignored is the entire concept of JUDICIAL REVIEW. The US Constitution does not authorize judicial review. Such an authority is nowhere to be found in its text. Marbury v. Madison (1803) is the first time judicial review was invoked by the SCOTUS, and it basically was a constitutional coup d etat by CJ John Marshall. Why Pres. Jefferson did not call Marshalls bluff I will never understand. The Framers would have detested judicial review. It takes power away from the general will of the American people (infallible) and gives it to nine all-to-fallible unelected oligarchs. Judicial review has caused injustice (Plessy, Korematsu, Roe v. Wade, Planned Parenthood v. Casey, Kelo) and even war (Dred Scott). Judicial review is a concept which does our conservative movement no good. Our movement is about the PEOPLE and their sovereignty; judicial review only takes that away. There is a great article calling for the abolition of judicial review on townhall.com by a brilliant young political scientist named Ben Shapiro. To put it bluntly, instead of b*tching about this SCOTUS decision or that, or praying that the right justice gets on the bench, we conservatives should push to reverse Marshalls constitutional coup and abolish this odious doctrine once and for all. Let people elected by the people, who swear to uphold the Constitution, decide what is constitutional.



828 posted on 06/29/2006 1:32:41 PM PDT by tee-sixtytwo (Definition of a fiscal conservative--a social liberal who thinks his taxes are too high)
[ Post Reply | Private Reply | To 770 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson