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Gingrich: Gov't branches should rule 2 out of 3
CBS News ^ | December 18, 2011 | Lucy Madison

Posted on 12/18/2011 4:23:33 PM PST by presidio9

Newt Gingrich on Sunday reiterated his argument that there is something "profoundly wrong" with the United States' judicial system, and argued that the balance of power in American government should come down to "two out of three" branches of the government.

In an appearance on CBS' "Face the Nation," Gingrich continued to defend his controversial position that Congress and the president should have the authority to ignore the rulings of federal judges when they disagree with them.

Citing what he describes as "extreme behavior" on the party of the judicial system, Gingrich proposes a system wherein "it's always two out of three."

"If the Congress and the court say the president is wrong, in the end the president would lose. And if the president and the court agreed, the Congress loses," said Gingrich. "The founding fathers designed the Constitution very specifically in a Montesquieu spirit of the laws to have a balance of power - not to have a dictatorship by any one of the three branches."

"How does the president decide what's a good law and 'I'm going to obey the Supreme Court,' or what's a bad law and 'I'm just going to ignore it?'" asked CBS' Bob Schieffer.

"I think it depends on the severity of the case," Gingrich responded. "I'm not suggesting that the Congress and the president review every decision. I'm suggesting that when there are decisions... in which they're literally risking putting civil liberty rules in battlefields, it's utterly irrational for the Supreme Court to take on its shoulders the defense of the United States. It's a violation of


TOPICS: Constitution/Conservatism; Front Page News; Government; News/Current Events; Politics/Elections
KEYWORDS: bachmann; bankruptcy; beast; moral; paul; perry; reevaluategingrich; santorum; starve
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To: Utmost Certainty

Yeah these idiots are complaining because Newt agreed with the Constitution. It’s like a god-damned madhouse here today.


101 posted on 12/18/2011 6:21:44 PM PST by ez (When you're a hammer, everything looks like a nail.)
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To: ml/nj
Your lack of knowledge is as profound as your incorrect assessment of Newt's intellect and your overinflated belief in your own.

Clearly you are one of those to whom was referred in the old adage, "It is better to remain silent and be thought a fool than to speak and remove all doubt."
102 posted on 12/18/2011 6:25:36 PM PST by Sudetenland (Anybody but Obama!!!!)
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To: fightinJAG

>> There you go again, spouting off about how stupid everyone else is, as evidenced by the fact that they don’t agree with you >>

No, as evidenced by the stupidity of a given particular argument. And no, not everybody. And actually, I engage in a lot of disagreements that are amiable and with mutual respect. But I don’t suffer shallow happily. I just don’t.


103 posted on 12/18/2011 6:25:44 PM PST by C. Edmund Wright (Moderator of Florida Tea Party Convention Presidential Debate)
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To: ez

I should hope so. He’s already on thin ice with many conservatives.


104 posted on 12/18/2011 6:26:16 PM PST by GeronL (The Right to Life came before the Right to Pursue Happiness)
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To: presidio9
""How does the president decide what's a good law and 'I'm going to obey the Supreme Court,' or what's a bad law and 'I'm just going to ignore it?'" asked CBS' Bob Schieffer.

Gosh, Bob, that's easy: If it's what the left wants then enforce it, if not ignore it. That's what Obama does.

105 posted on 12/18/2011 6:30:49 PM PST by cookcounty (2012 choice: It's the Tea Party or the Slumber Party.)
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To: EternalVigilance
They did it again in 1958 in Cooper v. Aaron.

From Newt's white paper, page 4
In 1958, all nine sitting justices of the Supreme Court signed on to a judicial opinion in the case Cooper v. Aaron that asserted that the Supreme Court’s interpretation of the Constitution was supreme in importance to the constitutional interpretation of the other two branches of government, and that this judicial supremacy, all nine justices asserted, is a “permanent and indispensable feature of our constitutional system.”

106 posted on 12/18/2011 6:31:28 PM PST by Sudetenland (Anybody but Obama!!!!)
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To: EternalHope

Justices and judges serve for life, DURING GOOD BEHAVIOR. Ruling contrary to the letter of the Constitution is not Good Behavior. Impeachment is the answer.


107 posted on 12/18/2011 6:32:44 PM PST by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: EternalHope

Justices and judges serve for life, DURING GOOD BEHAVIOR. Ruling contrary to the letter of the Constitution is not Good Behavior. Impeachment is the answer.


108 posted on 12/18/2011 6:33:01 PM PST by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: EternalHope

Justices and judges serve for life, DURING GOOD BEHAVIOR. Ruling contrary to the letter of the Constitution is not Good Behavior. Impeachment is the answer.


109 posted on 12/18/2011 6:33:13 PM PST by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: EternalHope
Yes, there is something rotten in our judicial system. But two out of three is definitely not in the Constitution, and definitely NOT the answer.

Actually it is in t he Constitution; it's called impeachment and it hasn't been used nearly as often as it should be.

110 posted on 12/18/2011 6:33:23 PM PST by SeaHawkFan
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To: Sudetenland

If I had to pick two things that more than anything else were destroying our free republic, the judicial supremacist lie would be one of them.

It’s a big lie that has infected pretty much our entire legal and political class, sadly.

Unless we can turn that around, I don’t see any possible way for us to survive in liberty.

As long as that lie holds sway, we are living under a judicial oligarchy, not in a constitutional republic.


111 posted on 12/18/2011 6:40:15 PM PST by EternalVigilance (With God Obama can't hurt us. Without God, George Washington couldn't save us.)
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To: rbg81
He is right that there is something wrong with the Judicial system. Its one thing to strike down laws when they are unconstitutional. Its quite another to legislate from the bench or “direct” the other branches to establish laws.

And he is right to cite the application of Miranda rules to the battlefield. That was a decision that everybody on the SCOTUS knows was mistaken -- and they knew it when the decision was announced.

The majority opinion was written by the senile John Paul Stevens (or his liberal clerks). As support, it cited segments of the Geneva Accord -- segments that said the exact opposite of what the senile Stevens contended.

As such, the decision was totally in error. Everybody knew it. But the majority supported it nonetheless...because it furthered their political agenda.

112 posted on 12/18/2011 6:40:15 PM PST by okie01 (THE MAINSTREAM MEDIA: Ignorance On Parade)
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To: presidio9

Pretty scary when you think that Occupy Wall Street could elect a President and congress, and destroy our country if not for the checks of the Supreme Court.

I like the idea of overriding the supreme court, much like veto overrides. I also like the idea of simply “retiring” judges so they don’t get comfortable.

I’m glad Newt has joined the discussion — but Rick Perry has been all over this for years. He wrote about it in his book that Newt obviously read.


113 posted on 12/18/2011 6:40:32 PM PST by CharlesWayneCT
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To: Michael Barnes

Oh, I wont flame you for that. I am in agreement.


114 posted on 12/18/2011 6:42:20 PM PST by Raider Sam (They're on our left, right, front, and back. They aint gettin away this time!)
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To: ez
Yeah these idiots are complaining because Newt agreed with the Constitution. It’s like a god-damned madhouse here today.

I'm trying to decide if the idiots doing drive-by Newt bashing on this thread actually believe the crap they're spewing. Or are just lying about it. Maybe a bit of both.
115 posted on 12/18/2011 6:42:43 PM PST by Utmost Certainty (Our Enemy, the State | Gingrich 2012)
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To: presidio9

In reading the article, keep in mind that it’s from C-BS, and pay close attention to what is in quotes, and what is putting words in his mouth. I’m sure they got it mostly right, but paraphrasing allows for use of innuendo and loaded words, that the speaker never said or intended.


116 posted on 12/18/2011 6:47:44 PM PST by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: indianrightwinger

what is the proper response,sir?


117 posted on 12/18/2011 6:47:45 PM PST by Rick_Michael ( 'REAL' Conservatives who witch hunt their own, are no better than Obama.)
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To: Lady Lucky

We are aware of the spotted owl ruling as well as many environmental rulings that took land and jobs away from American citizens. Some rulings have interferred with drilling for oil. Let’s see how the SCOTUS rules on Obamacare and IF they side with Obama..come back on FR and see if Newt is right. Will the Supreme Court view Obamacare as being constitutional? or will they strike it down. BET a lot of Americans would be ready to march on DC and arrest them. BTW...a federal judge was recently impeached for doing hard core drugs while ruling on major cases.


118 posted on 12/18/2011 6:48:05 PM PST by katiedidit1 ("This is one race of people for whom psychoanalysis is of no use whatsoever." the Irish)
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To: Jacquerie
Over ten years ago the Supreme Court of the State of Ohio ruled that the state's method of school financing was unconstitutional. It didn't say what alternative was acceptible. So far, the ruling has been ignored by governors and legislative majorities of both parties.
119 posted on 12/18/2011 6:49:02 PM PST by hinckley buzzard
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To: cripplecreek
"The problem isn’t with the courts but with the judges themselves."

But how do you fix it when virtually every law school in the country is drunk with their own arrogance?

120 posted on 12/18/2011 6:51:25 PM PST by cookcounty (2012 choice: It's the Tea Party or the Slumber Party.)
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