Congress Wants Power To Overturn SCOTUS Rulings

kojikun · Post by **kojikun** » 2004-05-24 12:27am

Congress does not have the power to amend the constitution, they have the power to propose amendment to the states or the people, and it is they who amend the constitution.

Howedar · Post by **Howedar** » 2004-05-24 01:14am

This is fucking hilarious.

kojikun · Post by **kojikun** » 2004-05-24 01:15am

Idnit jus'?

Guardsman Bass · Post by **Guardsman Bass** » 2004-05-24 05:18pm

They could just do an Andrew Jackson- i.e, when John Marshall ruled in favor of the Cherokee being dispossessed by the state of Georgia, he said "Marshall has made his decision. Now let him enforce it!"

Durandal · Post by **Durandal** » 2004-05-24 05:19pm

Guardsman Bass wrote:They could just do an Andrew Jackson- i.e, when John Marshall ruled in favor of the Cherokee being dispossessed by the state of Georgia, he said "Marshall has made his decision. Now let him enforce it!"

That would never, ever stand today. Back then, it took weeks for information to go across the country, so there was a bit of a buffer zone for stunts like Jackson's. Now we see everything in real time, and you can bet that Bush, as much as he despises "activist judges" would never say anything like that. It'd be suicide.

RedImperator · Post by **RedImperator** » 2004-05-24 05:24pm

Guardsman Bass wrote:They could just do an Andrew Jackson- i.e, when John Marshall ruled in favor of the Cherokee being dispossessed by the state of Georgia, he said "Marshall has made his decision. Now let him enforce it!"

Little known fun fact: Jackson still went through the process of finding some Cherokee dupe to sign a treaty giving away their lands. The Cherokees insist to this day that the treaty was illegal because the chief who signed it had no authority, but Jackson still ended up abiding by the letter of Marshall's ruling by getting the Cherokee Nation to "voluntarily" leave Georgia.

Jeremy · Post by **Jeremy** » 2004-05-24 08:54pm

Liberitarians are Republicans that like bukkake. Where do I sign up?

Boertz is great.

Are yall sure that the constitution garuntees the states individual representative governments or just a federal representative government?

RedImperator · Post by **RedImperator** » 2004-05-24 09:03pm

Jeremy wrote:Are yall sure that the constitution garuntees the states individual representative governments or just a federal representative government?

United States Constitution, Article IV, Section 4: The United States shall guarantee to every state in this union a republican form of government.

Elfdart · Post by **Elfdart** » 2004-05-24 09:26pm

Figures a Neal Boortz fan would know the correct spelling of "bukkake"!

Actually, Numbnuts has already defied the courts. In the Padilla case, the Judge ordered Ashcroft to produce witnesses being held at Camp X-Ray. He has refused. Not only that, but the Justice Dept has already said that if Padilla beats the rap or is released for lack of evidence, they'll disappear him, anyway -in direct violation of the Non-Detention Act of 1971.

Jeremy · Post by **Jeremy** » 2004-05-24 10:15pm

Man did I get his name wrong. Another word to the list.

RedImperator, thank you.

Boyish-Tigerlilly · Post by **Boyish-Tigerlilly** » 2004-05-24 11:40pm

One problem with the system is catastrophy or emergency. When bad things happen suddenly, the government goes wacky with "protections" and uniformly agrees upon drastic measures for drastic times. Even a government protected through checks and balances can go awry due to certain circumstances.

I think I learned in college "events" course, that the Congress didn'te ven have a chance to read some of the 9/11 acts passed, namely Patriot. THey just shouved it down the ladder.

What actually makes the government listen to the Supreme Court? I could never grasp that. What CAN they do other than talk.

Elfdart · Post by **Elfdart** » 2004-05-24 11:45pm

What they do is make the unpopular decisions the other branches don't want to tangle with -and then take the heat for it. Without the Court, Congress and the President would take the blame they deserve. Fall guy is a lifetime position when you are appointed to the bench.

RedImperator · Post by **RedImperator** » 2004-05-25 02:13am

nimetski wrote:What actually makes the government listen to the Supreme Court? I could never grasp that. What CAN they do other than talk.

Tradition and fear of what might happen if they break it. Monkeying with separation of powers by one branch usually goes over badly with the other two and the public. Witness the failure of FDR's court-packing scheme, or the backlash against the Republican Party after the Clinton impeachment. Past that, the system has worked for a long time now, and everybody has a vested interest in keeping it functioning.

Chris OFarrell · Post by **Chris OFarrell** » 2004-05-25 02:53am

nimetski wrote:
What actually makes the government listen to the Supreme Court? I could never grasp that. What CAN they do other than talk.

I don't exactly see what you mean by that? Its kinda assumed the Government follows the rule of law and the SCOTUS interperates law at the highest level. If you mean what would happen if the Government refused, well the US militar sware an oath to uphold the constitution, not the President

Patrick Degan · Post by **Patrick Degan** » 2004-05-25 07:13am

EmperorSolo51 wrote:An even better way for the Congress to make the power of the courts even more null would be to actually cut the funding of the courts. The thing about that is is tha it's legal and there is nothing in the constituion that prohibits the legistative branch from doing it.

And... the clause which empowers Congress to subvert Seperation of Powers and sabotage the proper workings of constitutional government is found where in the U.S. Constitution?

aten_vs_ra · Post by **aten_vs_ra** » 2004-05-25 12:34pm

Patrick Degan wrote: And... the clause which empowers Congress to subvert Seperation of Powers and sabotage the proper workings of constitutional government is found where in the U.S. Constitution?

Another one of those assumed powers, much like budget impoundment.

Durandal · Post by **Durandal** » 2004-05-25 01:37pm

Patrick Degan wrote:
EmperorSolo51 wrote:An even better way for the Congress to make the power of the courts even more null would be to actually cut the funding of the courts. The thing about that is is tha it's legal and there is nothing in the constituion that prohibits the legistative branch from doing it.
And... the clause which empowers Congress to subvert Seperation of Powers and sabotage the proper workings of constitutional government is found where in the U.S. Constitution?

Article XI, section 8. It's written in parchment-colored ink.