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To: ChinaGotTheGoodsOnClinton

The usual approach to reign in the judiciary is to pass a law defining the matters the appeals court used incorrectly. That removes the precedent. The last thing is an amendment.
In between one can impeach judges. Congress can also establish limits on subjects to be reviewed by the courts.

Those are the constitutional methods.


9 posted on 12/16/2011 10:15:00 PM PST by donmeaker (e is trancendental)
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To: donmeaker
Let's look at the attacks on Newt in the framework that led me to support him in the first place: electability; conservative bona fides; vision.

We are in a perpetually recycling loop: the attacks on Newt assert that he is unelectable, generally because he is too conservative, often disguised as being "bombastic" or carrying "baggage." In the next breath we are told that Gingrich is not conservative, usually disguised as being is "opportunistic" or "egotistical." In effect, we are told that Gingrich is unelectable because he is too conservative and even if he is elected he will betray us because he is not a true conservative.

When Gingrich proposes truly conservative remedies such as his uproariously and positively received proposals during the debate to rein in the judiciary, pundits like Ann Coulter accuse him of being over the top. But in the next breath she accuses him of not being conservative enough.

Let's examine Gingrich's proposal on the judiciary. A run-of-the-mill Republican trying to convince us that he is a conservative will tell us that he will appoint judges who will be true to the Constitution and will not be "activist." We have heard this tune so many times before. Even our hero Ronald Reagan, appointed justices who did not turn out well. We know what happened with Justice Souter. We narrowly escaped a Harriet Meir from George W Bush and it was only through a grassroots uprising that George W. Bush abandoned crony judicial appointments. Eisenhower once said his biggest mistake was appointing Warren to the Supreme Court. How long do we need to learn that what we are doing is not working?

Gingrich proposes a whole new approach, a direct assault on the presumptions of the judiciary which have been growing more and more arrogant since Marbury v. Madison. It is a assault grounded in history which promises to change the trajectory of our constitutional history. Gingrich says that the idea that we can safely abandon our Constitution to judges is leading us far astray. Recent history proves that trying to pack the court with our own brand of judges has been ineffective. Roe versus Wade and the inability to simply find judges who will overturn it after 40 years and 40 million dead should tell us something.

Ann Coulter, like Megan Kelly, is an attorney who is trying to protect the Guild. It is an establishment presumption. Funny how Gingrich is often accused of being of the "establishment."

Gingrich offers vision. If you think the country can go on as it has been going, take your only alternative, Mitt Romney, but if you think that the country is on the brink of destruction, you need more than a mechanic.


20 posted on 12/16/2011 10:51:04 PM PST by nathanbedford ("Attack, repeat, attack!" Bull Halsey)
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To: donmeaker

Has Congress ever limited what the courts can address?


44 posted on 12/17/2011 5:49:33 AM PST by LiveFree99
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