David Hartung
6/16/2008 7:52:00 PM
Ragnarok@remailer.metacolo.com wrote:
> In article <_7mdnUefl6X-EsvVnZ2dnUVZ_s_inZ2d@comcast.com>
> David Hartung <d_hartung@comcast.net> wrote:
>> Ragnarok@remailer.metacolo.com wrote:
>>> In article <7K-dnf7_ZLA08cvVnZ2dnUVZ_hCdnZ2d@comcast.com>
>>> David Hartung <d_hartung@comcast.net> wrote:
>>>> Kevin Cunningham wrote:
>>>>
>>>>> A. Scalia should have been a traffic court judge at best. The three
>>>>> parts of government are co-equals. The point of having a third
>>>>> branch is to "second-guess" the executive and the legislative.
>>>> Just who is to "second guess" the judiciary?
>>> Nobody, certainly not you.
>>>
>>> See _Marbury vs. Madison_, a case you should have learned about in 5th grade.
>> So we have a situation in which 9 justices, who have lifetime
>> appointments, have the final say in all law in this nation?
>
> Yes, that's just exactly what _Marbury vs. Madison_ says.
>
>> Am I the only one who sees a problem here?
>
> You're not required to _like_ US law, but if you're going to live here, you do have to obey it.
I seriously doubt that you would be as sanguine had the decision gone
the other direction.
>>> The beauty of this is that this decision was arrived at by the most right-wing court in decades; it's going to be the law forever.
>
>> The problem with your theory is that the Court conservatives all voted
>> in opposition.
>
> Seven of the nine justices were appointed by Republicans.
Which is not the same thing as being conservative.
>> One more conservative justice, and this decision could be overturned.
>
> Actually, no.
>
> Stare decisis is honored by most judges most of the time, which is why abortion and flag-burning are still legal.
> It's also why most justices would have preferred not to rule on this issue at all.
> But George W. Bush forced their hand.
Again, had the court had one more conservative justice, the decision
would likely have gone the other way.
>> Should McCain win, the court could see that conservative.
>
> McCain cannot win after eight years of Bush.
You may be correct, but at this point, you cannot be certain.
> Besides, McCain would undoubtedly not appoint any justices who would satisfy George W. Bush.
> If he did, he wouldn't get them confirmed in the next Congress.
Depends on which direction the Congress goes.
The people are very unhappy with Congress, and it is not beyond the
realm of possibility that Conservatives could take both houses.