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To: steve-b

“Alito’s inability to restrain himself during the State of the Union address brought to wide attention a truth that too many have tried to ignore: The Supreme Court is now dominated by a highly politicized conservative majority intent on working its will, even if that means ignoring precedents and the wishes of the elected branches of government.”

No, the SCOTUS is dominated by judges who rule by LAW, not the whim of the other branches of government. This is the brilliance behind our founding father’s... to prevent ninny’s like you from ruling government.


21 posted on 02/01/2010 9:50:02 AM PST by autumnraine (You can't fix stupid, but you can vote it out!)
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To: autumnraine
No, the SCOTUS is dominated by judges who rule by LAW, not the whim of the other branches of government. This is the brilliance behind our founding father’s... to prevent ninny’s like you from ruling government.

The SCOTUS does ok at rule of law. Not great, but ok. Rule "by" law is something the ChiComs do and have set up in opposition to Western attempts to institute Rule of Law reforms in Asian countries. Rule by law merely means that the state uses something that resembles laws on the books to regulate their citizenry. The state ignores or reinterprets those laws when inconvenient.

Rule of law means that the law on the books actually acts to restrain the state in a meaningful fashion. China is not a rule of law state, except by accident. We are doing ok at rule of law, but poseurs like Zero and the uneducated and/or fascist leftists who voted for him are doing their level best to change that.

Also, for the founders, the SCOTUS was relatively limited. Justice Marshall in Marbury v. Madison more or less usurped sufficient power from the executive and legislative branches to promote the court to a co-equal branch. So at the time of the founding (circa 1792), SCOTUS was weak, but within a few years it grabbed the power it has today.

34 posted on 02/01/2010 10:23:05 AM PST by FateAmenableToChange
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