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Conservatives Split on Gingrich's Courts Plan
FOX News ^ | Dec 19, 2011 | By Shannon Bream

Posted on 12/19/2011 9:54:13 PM PST by Jim Robinson

For nearly a decade, 2012 contender Newt Gingrich has been floating some controversial ideas aimed at reining in the federal judiciary. He's called that branch of government "grotesquely dictatorial" and elitist. Should he become president, Gingrich says he'll ignore Supreme Court decisions if they don't square with his interpretation of the Constitution or what he believes the country's founders intended.

Gingrich says federal judges should be called before Congress to explain their decisions, suggesting Sunday that he'd even approve of arresting them if they refused to show up. It's an issue raised Thursday in Fox News' GOP debate in Iowa, with Gingrich responding, "I would be prepared to take on the judiciary if, in fact, it did not restrict itself in what it was doing."

Former Pennsylvania Rep. Bob Walker, a Gingrich supporter, says the proposals are spot on.

"What he's suggesting is a very, very important change in the direction of how we deal with the courts acting more like legislatures than like courts," Walker said. He adds that it's time to "rebalance" the system. For Gingrich, in some cases, that would mean abolishing certain courts altogether.

There are plenty of critics taking aim at Gingrich, including those who say he's misread the Constitution and Federalist Papers. Roger Pilon, vice president of legal affairs for the CATO Institute, says Gingrich is challenging the very system established at our nation's origins.

"If you're going to attack it, you're really attacking the (Constitution's) framers," he said.

Others who agree with Gingrich that the federal judiciary has often overstepped its bounds say the solutions he's proposing are unworkable.

(Excerpt) Read more at foxnews.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: activistjudges; activistjudiciary; elections; gingrich; judiciary; newt
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To: Lancey Howard; hosepipe; bruinbirdman

BenKenobi.

Fears to use the force he does.


41 posted on 12/19/2011 11:25:09 PM PST by ngat
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To: Steelfish
Indeed, I expect Newt to issue some clarification statement in the next couple of days when his internal polling will show that these statements are beginning to drag him down.

It seems to me the people of Iowa unseated three justices a couple of years ago because of their ruling legalizing same-sex marriage.

Conservatives have used "activist judges" as a battle cry for a long time. In Iowa, if this issue resonances with the voters you'll see it in the up coming state primaries as well.

42 posted on 12/19/2011 11:27:05 PM PST by Balata (It's 'WE THE PEOPLE' Obama, not 'WE THE SHEEPLE'!)
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To: Old Sarge

Uh huh. And if Gingrich can take over the Judiciary as President, how do you feel
about the next Democratic President doing the same thing after Gingrich’s term is over?


43 posted on 12/19/2011 11:41:31 PM PST by cydcharisse (`)
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To: ngat

[ Fears to use the force he does. ]

You mean IRS audits or cutting of brake lines?..


44 posted on 12/19/2011 11:45:23 PM PST by hosepipe (This propaganda has been edited to include some fully orbed hyperbole...)
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To: Jim Robinson
"If you're going to attack it, you're really attacking the (Constitution's) framers," he said

No matter how right Newt is on this issue, this could turn around and be his jump the shark moment. The libs could really make enough of an issue to cast a dark pall over the conservative party in general.
Yes many of their decisions are not very good, but most are relatively well thought out and correct. Right now Newt needs to get the libs and the cons to pay attention to defeating Obama! Then who ever gets in will most likely have the chance to appoint 2 and maybe 3 justices in his first term. The reverse is that Obama will be able to appoint those justices to the court if he is reelected. Changing the composition, duties, and powers of the separate branches of our government is much harder to do. Talking right now is just dumb.

Only a dictator can do that on a whim. Now I am sure Newt himself is not calling for dictatorial powers to be assigned to the president, so why even raise the issue now? Concentrate on Obama and defeating Obama! Constitutional changes can be proposed when our person gets in. Also, if our guy appoints the justices that he will get to during his term we will be able to get very ahead of the liberals.

For now Newt and all our potential candidates need to pay attention to defeating obama. We all need to pay attention to getting our guy in to PROTECT SCOTUS from putting two or three more liberal justices on the court. That is something that we can easily run on. Preventing Obama from stacking the deck against the average citizen in the short term

Focus folks, and Newt should not be playing in these suppositions until he has a presidential pulpit to muse from. Besides, if the electorate is the least reflection of the me members on FR, talking too much about SCOTUS may confuse them or put them to sleep.

Proposing working in the powers of a dictatorial president is way too far off track to win them over. Worse it may give the dems too much ammo to go after our candidates in the public and in the press.

Think about it, even if any of the other candidates is put on the spot about Newts statement do they defend themselves by showing the liberals just how they disagree with Newt? Then does Newt come back later and make an issue of how wrong they are? Friction needlessly started now about issues NO presidential candidate can affect in the sh0rt term anyway.

The dems are probably salivating with all the potential to take Newt and the others off message of defeating Obama and fracturing our party with it. As Clinton's advisors used to say... it's the economy stupid.

Our folks need to stay on that, as well as all the other failings of Obama too.
45 posted on 12/19/2011 11:50:58 PM PST by JSteff ((((It was ALL about SCOTUS. Most forget about that and HAVE DOOMED us for a generation or more.))))
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To: Jim Robinson
Here's a quicker solution. The feds are trying to thin the herds of ponies on the eastern shore of MD/VA.

Why not use the persuasion technique from a famous movie ("make them an offer they can't refuse") to bring these marxist judges back to the jobs originally intended by the framers...

Two problems solved...

46 posted on 12/20/2011 12:01:14 AM PST by SuperLuminal (Where is another agitator for republicanism like Sam Adams when we need him?)
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To: Jim Robinson
One Constitutional issue is not in dispute.

All spending bills originate in Congress.

Judges could be selectively de-funded.

Their salaries and their staffs could be eliminated.

Their chambers and courtrooms could be closed or leased out to new tenants.

47 posted on 12/20/2011 12:03:35 AM PST by zeestephen
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To: cydcharisse
And if Gingrich can take over the Judiciary as President, how do you feel about the next Democratic President doing the same thing after Gingrich’s term is over?

If Newt Gingrich restores America as it should be, we'll never have any more commie RATS in the White House again. American Exceptionalism comes back in the Happy Newt Year, starting January 2013!

Go Newt! Blast the commie RATS with a Newt-ron bomb!


48 posted on 12/20/2011 12:06:56 AM PST by re_nortex (DP...that's what I like about Texas.)
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To: Jim Robinson

IMHO...

America should be sticking to the Constitution, enforcing the law, using legal means to fix problems and taking care to not retreat from or even ignore activist judges but not overstepping the Constitution either.

Anti-American groups are aggressive so the response must be aggressive.

I am no fan of Congressional hearings because they are nothing more than populist grandstanding and the hallmark of the establishment at this point. The populace is so used to hearing crime and immorality of fantastic proportions that the most heinous revelations in a hearing are but a headline for a day or two. The absurdity of fast & furious is a recent example of this; it’s just beyond any semblance of legitimate government in the audacity of both the operation and the Executive branch’s response.

The Executive branch certainly does have tools in it’s toolbox to control the out-of-control judiciary that a moral, law-abiding administration could use to imbue those same traits in the Judicial branch from which they have receded.

The ranks of judges need to be cleaned up constantly using impeachment and every legal means possible.

To arrest judges simply for not showing up and testifying before a Congressional committee, IMHO, sets a precedent that could eventually be used for anarchy. If a judge is indicted for a crime, then of course arrest procedures should be followed as prescribed by law, but I don’t favor making a C-Span circus out of grilling judges.

We need to remember that the reverse can happen if a leftist President and Congress are elected; they could use the very same tactics to remove judges that are not activist enough for their tastes.

That’s why I think Federal judicial housecleaning should be continued on an ongoing basis in a methodical manner that does not overstep the Constitution and is truthfully justified and documented and done very transparently and according to law.

The real root of problems is groups that are very powerful and anti-American, have significant financial backing and have their influential fingers all throughout both parties; the mainstream big-money interests are happy to sell out moral principles and American citizens and put their support behind anti-American elements, to wit, the 2008 election.

We also need a simultaneous ongoing societal shift in America, a grassroots shift towards morality, to support fixes made to the government.


49 posted on 12/20/2011 12:19:48 AM PST by PieterCasparzen (We have to fix things ourselves.)
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To: Jim Robinson
Romney imposed his fascist decisions himself.

"Governor Mitt Romney, who touts his conservative credentials to out-of-state Republicans,
has passed over GOP lawyers for three-quarters of the 36 judicial vacancies he has faced
,
instead tapping registered Democrats or independents -- including two gay lawyers who
have supported expanded same-sex rights, a Globe review of the nominations has found.
Of the 36 people Romney named to be judges or clerk magistrates, 23 are either registered Democrats
or unenrolled voters who have made multiple contributions to Democratic politicians
or who voted in Democratic primaries, state and local records show.
In all, he has nominated nine registered Republicans, 13 unenrolled voters,
and 14 registered Democrats."
- Boston Globe 7/25/2005


Romney Rewards one of the State's Leading Anti-Marriage Attorneys by Making him a Judge
Romney told the U.S. Senate on June 22, 2004, that the "real threat to the States is not the
constitutional amendment process, in which the states participate,
but activist judges who disregard the law and redefine marriage . . ."
Romney sounds tough but yet he had no qualms advancing the legal career of one
of the leading anti-marriage attorneys.
He nominated Stephen Abany to a District Court.
Abany has been a key player in the Massachusetts Lesbian and Gay Bar Association which,
in its own words, is "dedicated to ensuring that the Massachusetts Supreme Judicial Court decision
on marriage equality is upheld, and that any anti-gay amendment or legislation is defeated."
- U.S. Senate testimony by Gov. Mitt Romney, 6/22/2004 P>


"Romney announces he won't fill judicial vacancies before term ends
Despite his rhetoric about judicial activism, Romney announced that
he won't fill all the remaining vacancies during his term - but instead
leave them for his liberal Democrat successor!

Governor Mitt Romney pledged yesterday not to make a flurry of lame-duck
judicial appointments in the final days of his administration . . . David Yas,
editor of Lawyers Weekly, said Romney is "bucking tradition" by resisting the urge to
fill all remaining judgeships. "It is a tradition for governors to use that power to appoint judges
aggressively in the waning moments of their administration," Yas said.
He added that Romney has been criticized for failing to make judicial appointments.
"The legal community has consistently criticized him for not filling open seats quickly enough
and being a little too painstaking in the process and being dismissive of the input of the
Judicial Nominating Commission," Yas said.
- Boston Globe 11/2/2006


50 posted on 12/20/2011 3:42:01 AM PST by Diogenesis ("Freedom is never more than one generation away from extinction. " Pres. Ronald Reagan)
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To: fightinJAG

I really wish we were talking about massive tax reform instead.


If we can make the courts rule in line strictly by the Constitution and void all unconstitutional rulings, the problem of unjust taxation will simply disappear.

There is only one way to do this and it is by way of Gingrich’s plan.


51 posted on 12/20/2011 3:43:54 AM PST by DH (Once the tainted finger of government touches anything the rot begins)
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To: JSteff

Preventing Obama from stacking the deck against the average citizen in the short term


It’s too late.....the deck is already stacked from the Supreme Court to all lower federal courts.

The time has come to have someone with the cajones to do something “constitutional” about it and Newt has simply stated that he will. Other Republicans shiver and shake at the mere mention of causing any politically incorrect ripples in the water at Washington D.C..


52 posted on 12/20/2011 3:50:43 AM PST by DH (Once the tainted finger of government touches anything the rot begins)
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To: Jim Robinson

I’ve got mixed feelings about this. I feel it was giving the opposition a wide-open sound byte: “Newt wants to arrest the Supreme Court!”

He could have been a lot more finessed about that, refraining to say what actions he would take against Justices that refused Congressional subpeonas for appearance.

Other than that, I think I’m interested in this idea.


53 posted on 12/20/2011 4:22:05 AM PST by Lazamataz (That's all.)
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To: Jim Robinson

“John Marshall has made his decision: now let him enforce it!”
Jackson, Andrew


54 posted on 12/20/2011 4:58:23 AM PST by BilLies (Bumper Sticker: RON PAUL WOULD BE WORSE THAN OBAMA.)
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To: Jim Robinson

While most conservatives agree that legislating judges are ruining the balance of the three divisions of our government, I think a lot of us also recoil from the idea of the party in power hauling judges before Congress in chains because of a bad decision.

The constitutional way to change is by accumulating legislative power to make reforms.

Newt returning to his anti-productive bomb throwing ways simply makes me remember why he was forced out of power after leading the Republicans to victory.

Let’s rally around Perry.


55 posted on 12/20/2011 6:14:15 AM PST by wildbill (You're just jealous because the Voices talk only to me.)
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To: Lancey Howard
This guy is with the CATO Institute?

VP of legal affairs. Probably a lawyer. I've noticed that the most virulent critics of Gingrich's proposals regarding reigning in the court are lawyers.

Which leads to an interesting question -- are they in fact the experts in the matter whose opinions should be considered over a non-lawyer politician's position, or are they so indoctrinated in the "power of the courts" that the suggestion simply destroys their worldview?

56 posted on 12/20/2011 6:23:48 AM PST by kevkrom (Separation of Business and State)
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To: BenKenobi
Call me a traitor, but I think the first obligation of the president is to uphold the constitution.

I believe Newt is right on this one. Part of his oath to support the Constitution would be to discipline any judge who issued a decision which was unconstitutional on its face. They are not legislators.....and shouldn't act like they are.

57 posted on 12/20/2011 6:58:35 AM PST by Retired COB (Still mad about Campaign Finance Reform)
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To: Old Sarge

Nobody on this thread will miss the 9th Circuit if its shut down.


58 posted on 12/20/2011 7:03:39 AM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
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To: Jim Robinson

The list of judicial overstepping is virtually endless. Consider Kelo, or California’s Prop 187 on immigration and Prop 8 on gay marriage that both won electorally, then were taken to the courts where black robes decided they were unconstitutional.

Newt famously comes up with big ideas, the details of which often need refinement, but give him credit for having the big ideas and willingness then to work on those details.


59 posted on 12/20/2011 7:35:16 AM PST by EDINVA
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To: kevkrom
or are they so indoctrinated in the "power of the courts" that the suggestion simply destroys their worldview?

I'll go with the latter.
It is usually the lawyers who most hate jury nullification, too.

60 posted on 12/20/2011 8:09:50 AM PST by Lancey Howard
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