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10-23-2004, 02:11 PM
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Insurgent
 
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Congress Stripping Power from the Judicial Branch
Congress is attempting to once again seize power from the judicial branch with highly controversial legislation that would prohibit all federal courts established by Congress from even hearing cases concerning the Pledge of Allegiance and the First Amendment. Rather than spending the few weeks left this session on legislation designed to address the many critically issues facing our country, the Republican leadership is planning to fast-track this proposed legislation to the House floor.
The judicial branch plays an important role in reviewing legislation and ensuring that it is in line with the Constitution. By tying the hands of the federal courts, Congress is restricting the courts’ role as a system of checks and balances, and hurting the defense of our constitutional rights. The resources and priority given to this proposed legislation to this most recent court-stripping bill is an ominous sign for the future of checks and balances in this country. Regardless of whether or not you agree with recent court decisions regarding marriage or the pledge, we can all agree that elected officials should not respond to court decisions with which they disagree by preventing the appropriate courts from reviewing them! Congress seems to be suffering from court-stripping fever this year. In addition to H.R. 2028 and the Marriage Protection Act passed earlier this year, we have seen proposals to strip the courts of jurisdiction to hear cases on the Ten Commandments and, almost laughingly, all cases that are "religious freedom-related." The federal court system is in place as an important safeguard of our liberty. If Congress continues to subvert and sidestep the judicial branch, our rights are not getting the protection they deserve. *Link* |
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10-23-2004, 02:27 PM
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Scotlands finest SuperMod
 
Join Date: Nov 2003
Location: Glasgow Scotland Heritage: Scotsman; Pict
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Re: Congress Stripping Power from the Judicial Branch
Plenty of controvesry in what you say. My one complaint with the Supreme Court is that these 9 positions are for life. Appointed by the President and ratified by the Senate, these men and women do not face the electorate. The current court stands at 5 conservatives and 4 liberals. Both Ford and Bush Sr. appointed justices who they thought were conservatives, but proved to be liberals. Timing is everything on the makeup of the court. Depends upon what party occupies the Oval Office when a Justice steps down. Perhaps an amendment allowing the President to remove a Justice each term and appoint a new one is in order. That too, has plenty of controvesry. Don't forget, the statue portraying justice is blindfolded, to represent the saying "Justice is Blind".
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The 4th Dynasty begins now!!
1948-54, 1979-1988, 1999-2002, 2008-? ---------------------------
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10-23-2004, 02:32 PM
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Scotlands finest SuperMod
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Location: Glasgow Scotland Heritage: Scotsman; Pict
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Re: Congress Stripping Power from the Judicial Branch
Oh, and on the subject, sometimes the courts are too powerful. In 1994, California passed Proposition 187, placed on the ballot by the people. This bill would have limited social services to illegal immigrants. It passed by an overwhelming margin. The State Supreme Court overturned it, declaring it unconstitutional. It is wrong for the court to go against the will of the people. Now, Arizona has proposition 200 on the November ballot. favored by the people. Stay tuned!
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The 4th Dynasty begins now!!
1948-54, 1979-1988, 1999-2002, 2008-? ---------------------------
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10-23-2004, 02:54 PM
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whore
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Re: Congress Stripping Power from the Judicial Branch
What a scary thought. The whole point of checks and balances was to prevent these situations. I'm sure the framers are rolling over at the thought of this. I'm curious to see how legislation that limits the courts power will go through and if the executive branch will sign off on this.
Does anybody know if this a partisan move? If so, how will this affect future elections and control over the house and sentate? Quote:
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10-23-2004, 04:33 PM
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Scotlands finest SuperMod
Join Date: Nov 2003
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Re: Congress Stripping Power from the Judicial Branch
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Here is what I don't get. Go to another country as an illegal immigrant. File for social services, be a burden on their taxpayers. Are your rights to leech protected by their constitution? If there is a logical reason why Americans should fund those here illegally with social services, i want to know. The reason the voters put the initiative on the ballot was a response to an unfair "tax". It's detractors were looking for votes from the registered voters of their party that had illegal immigrant relatives collecting the goodies. When the will of the people is too often overturned by the justice system, the latter is in need of reform. Those that appoint the justices need to be held accountable as well. |
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The 4th Dynasty begins now!!
1948-54, 1979-1988, 1999-2002, 2008-? ---------------------------
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10-23-2004, 04:45 PM
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Banned by pornerators
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Re: Congress Stripping Power from the Judicial Branch
Has anyone actually read 1984?
Is it strange that things are kinda.... moving in that direction? I'm no conspiracy theorist, but this is getting closer and closer to an elitist group of government. In the last 4 years, we have suffered the Patriot Act, we have been stripped of some political rights, the Bush admin has tried to pass search and seizure without a warrant, under the cloak of the Patriot Act. Luckily, it was caught and thrown out by a judge.... which they're trying to take out.  I just don't get how people can sit there and think that this is the proper way for a Democratic government to act. This isn't a Totalitarian country. We are heading there fast. |
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10-23-2004, 11:58 PM
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whore
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Re: Congress Stripping Power from the Judicial Branch
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Very good points. I believe that for the most part the judicial systems does a good job and I don't think it's in need of an overhaul.(I won't even mention the last presidential election ) If the will of the people was consistently trampled, I agree that it would need to be reformed. But other than this instance, do you think this is something that is a serious problem? |
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10-24-2004, 02:12 PM
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whore
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Re: Congress Stripping Power from the Judicial Branch
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The problem with the situation facing us today is that government now possesses the technological ability to watch, track, and record us in ways only dreamt of in the past. The increasing digitization of society now allows for instantaneous remote access to numerous records of private citizens: purchase records, travel records, phone logs, keylogs, library records, email and IM logs, etc. |
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10-27-2004, 06:22 AM
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Insurgent
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Re: Congress Stripping Power from the Judicial Branch
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What difference does that make? Maybe I'm misinterpreting your question, but someone doesn't need to be directly affected by something like this in order to be concerned. While the PATRIOT ACT doesn't explicitly overturn any constitutional rights, it does break down safeguards that were put in place to protect those rights. Ever hear those horror stories about people living in third world dictatorships being rounded up by gov't officials and not being heard from for months, years or ever again? That's happening right now in the US. FBI and other gov't agencies are conducting raids on people's houses, taking them into custody and denying them nearly every single right a person is entitled to in the US. They are held in secret locations, denied access to any sort of legal counsel, detained without being charged with any crime, and any information regarding them is kept secret. The gov't has even denied having anything to do with people's disappearences, only to release them from custody months later. Many languished in jail for weeks and sometimes months, and the government refused to release them even after it knew they were innocent. Many of these men were not told of the charges against them, were denied access to lawyers and were refused a hearing before a judge. What's even scarier than this is why they were taken into custody. The agents picked them up on the flimsiest of "tips" or as a result of chance encounters. One detainee interviewed by the ACLU said a hospital co-worker gave the FBI his name because she thought he wore his surgical mask "more than necessary" at work. Another said he was arrested when agents came to his apartment looking for the previous tenant. They settled for him instead. The gov't has even deported several (legal) immigrants for no other reason than they were "a person of interest". A few of those deported were in the US seeking political asylum. Sending them back to their homeland was basically the equivalent of a death sentance. Keep in mind that, while the majority of these people were immigrants, the same constitutional rights that are afforded to you and I are given to them as well. |
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Congress Stripping Power from the Judicial Branch
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