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To: shrinkermd
A more fair analysis than usual from the NYT. IMHO the problem with SCOTUS is they unconsciously believe they are philosopher kings in a shining city on a hill. They are quire prepared to breech their oath of office as long as they actualize whatever the leftist wisdom of the day is. Contrary to their claims SCOTUS continuously undermines self-government and democratic procedures. They are quite ready to rely on even foreign laws to govern us without any apology or hesitation.

That's because they're an unelected body, and don't care what the people think. Had the Founding Fathers foreseen the abuses of SCOTUS power those Justices would be accountable to the electorate today. That's a mistake that will be hard to correct even though the people have the constitutional power to change their government via amendments.

There are some who will go down with the ship in their zeal to protect the Founder's intent to have a Court free from the influence of the people, but it is these same peope who yell the loudest about the excesses and abuses of the High Court. The fact remains that the High Court is out of control, and will, in pursuit of its personal agenda, degrade the words of the Constitution and misrepresent the intentions of the Founders. Only if the fate of the today's Justices are in the hands of today's electorate can the people be in control of their nation.

It is wise to remember that the Supreme Court can do nothing without the acquiescence of Congress. Congress has the authority to regulate the Court, but never uses it except to stop Conservative Justices from being appointed to the Federal bench. In all the rulings that have affected American society the Judiciary Committees have never held investigations into the High Courts reasons, rational, or precedents. In this respect the activism we see from the High Court is the direct result of inaction by liberal members of the Judiciary Committees.

The Court is removed from any form of control by the people, so it's to Congress the people must turn if they are to have any influence over the High Court. There will be more abuses of constitutional law by the High Court since their congressional master has dropped their leash and let them run free among the people's rights.

Stop the congressional liberals that allow the Court to run amuck, and you stop the Court from further abuses and usurpation of power. Amend the Constitution and you take power away from the liberal Congress and give it directly to the people.
3 posted on 09/06/2003 6:48:32 PM PDT by Noachian (Legislation Without Representation Is Tyranny)
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To: Noachian
Impeach them. That is our power over them if only our elected representatives had the guts.
6 posted on 09/06/2003 7:52:53 PM PDT by kuma
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To: Noachian
SCOTUS = Axis of Evil
9 posted on 09/06/2003 8:02:59 PM PDT by azhenfud ("He who is always looking up seldom finds others' lost change...")
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To: Noachian
That's because they're an unelected body, and don't care what the people think. Had the Founding Fathers foreseen the abuses of SCOTUS power those Justices would be accountable to the electorate today. That's a mistake that will be hard to correct even though the people have the constitutional power to change their government via amendments.

It the time of the Founders, the Supreme Court had little actual power, which President Andrew Jackson demonstrated to the Supremes when they issued Worcester v. Georgia (1832)

In that decision, the Supremes held that Georgia had no right to evict the Cherokees from their land in Georgia. President Jackson then issued his famous response: "[Chief Justice] Marshall has made his decision -- now let him enforce it". The Indians were moved in defiance of the Supremes

The reason Jackson could do this is that he had the ability to immediately fire any executive branch employee who did not do as he was told by Jackson. This meant that in a conflict between Jackson and the Supremes, Jackson won -- the Supremes did not command any bayonets. The Civil Service acts later changed this balance of power in favor of the courts.

That Supreme Court decision held that

11 posted on 09/06/2003 8:20:43 PM PDT by SauronOfMordor (Java/C++/Unix/Web Developer === needs a job at the moment)
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