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Elections Discuss Gingrich: Abolish ‘anti-American’ Ninth Circuit judges at the Political Forums; Originally Posted by faithful_servant I followed up on this a bit and what Gingrich wants is for judges to show ...

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  #31 (permalink)  
Old 12-22-2011, 02:01 PM
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Default Re: Gingrich: Abolish ‘anti-American’ Ninth Circuit judges

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Originally Posted by faithful_servant View Post
I followed up on this a bit and what Gingrich wants is for judges to show Constitutional basis for thier decisions and have a board of review determine if they meet Constitutional muster. If they don't, then steps are taken. If you have a Jduge that repeatedly fails to meet the standard of upholding the Constitution, then you start impeachment hearings. The 9th is the most overturned Circuit Court in the nation by a substantial margin and is a good example to use of a court that needs someone to hold it's feet to the fire. Power without a check on it is very dangerous and that's what our courts are becoming.
The 9th circuit hears the most cases that go to SCOTUS, which would account for why more cases are overturned, which is why stating that fact is sort of meaningless unless you give all of the information.

It is the largest of all the federal courts, which is why maybe it might be a good idea to split it; after all, it was formed when population rates were low in Western States.

You also contradict yourself.....how is their power unchecked if indeed they have more cases overturned by SCOTUS than any other federal court?
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Old 12-22-2011, 02:44 PM
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Default Re: Gingrich: Abolish ‘anti-American’ Ninth Circuit judges

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Originally Posted by AZRWinger View Post
The Federal courts are not "their own entity" they have taken it upon themselves to be a super-legislature made up of lifetime political appointees. It is unversally recognized there are "liberal" and "Conservative" courts, therefore they cannot be apolitical meriting exemption from regulation from the elected Congress.

It is time to rein in the current judicial tyranny by dissolving some Federal courts as Jefferson did and remind the SCOTUS they are answerable to the People by withholding appropriations for a term or two as Jefferson also did. Alternatively the SCOTUS could be threatened with "reforms" as FDR did with his court-packing scheme. Funniest thing the SCOTUS became far more accomodating to FDR's new deal when the court-packing bill was before Congress.

Newt deserves commendation for speaking truth to judicial power. Sweeping condemnations by lovers of the judicial oligarchy from both parties are nothing more than the reactionary expression of vested interest. I don't agree with every aspect of Newt's plan but we need to have the conversation about how to rein in an out-of-control Federal judiciary. No Virginia, 5 SCOTUS judges do not determine what the Constitution is.
And full of it yet again... No surprise.
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Old 12-31-2011, 05:28 PM
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Post Re: Gingrich: Abolish ‘anti-American’ Ninth Circuit judges

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Originally Posted by Oftencold View Post
I hope that this helps to clear up misunderstandings.
The truly funny thing about such a rant (to me) is how it lacks any realistic perspective...

It focuses on one comment in the constitution, and then pretends to be helpful.


Here is being helpful...
Ask yourself "why?"
WHY is Newt the only one talking about doing this seriously?
WHY haven't we had presidents been doing this for decades now?
WHY is even the right-wing slamming Gingrich on this nonsense?

For a long list of reasons which it is a waste of time to try to explain to you (but it's ALL OVER the editorial space), Gingrich's comments are utter absurdity.

And your "help" is totally missing the point in an anti-judicial fervor...
What Newt is suggesting unfortunately is a very bad idea, first of all it’s oddly unconstitutional, we have three for equal branches. Having Congress impact the judiciary in this way; abolishing courts, ineffectively firing judges violates clear constitutional requirement. The judges serve for good behavior for their entire life subject only to impeachment and in fact the framers much as I have core judicial activism, a notional powerful legislatures have been worst. Hamilton actually warned us that it is the legislature that is the most dangerous branch. So one thing that surprised me about Newt is that if you’re running to be a president of these United States, never seem to think that if you have a Congress that can squeeze the judiciary in this way can do likewise to the executive.
http://www.davidrivkin.com/articles/...journal-video-
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Old 12-31-2011, 05:59 PM
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Default Re: Gingrich: Abolish ‘anti-American’ Ninth Circuit judges

Far-right politicians--like far-right religionists--tend to be authoritarians, which is why they're so cozy with each other. They've been handed down their unchallengable, unquestioned "truth" from on high, and feel therefore qualified--indeed, obligated--to enforce that "truth" without opposition.

Since most politicians tend to be in the legislature, the far-right ones concentrate their resentment on the executive and judicial branches. With the former, they characterize the President as an impostor and change the rules (filibuster, etc.) to diminish his veto power (meanwhile making plans to whittle down the Cabinet to next to nothing). With the latter, they sneeringly deride the justices who disagree with them as "activist" and threaten to have them arrested.

They "interpret" the Constitution the same way religious literalists "interpret" the Bible--in fact, they think they're one and the same, only worded differently, and insist the Founding Fathers were all evangelicals--to throw as much power to the states, their individual fiefdoms, as they can, and disempower those pesky "checks and balances" as much as possible.

Last edited by MrWrite; 12-31-2011 at 06:18 PM..
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Old 01-01-2012, 12:06 AM
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Default Re: Gingrich: Abolish ‘anti-American’ Ninth Circuit judges

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Originally Posted by MrWrite View Post
Far-right politicians--like far-right religionists--tend to be authoritarians, which is why they're so cozy with each other. They've been handed down their unchallengable, unquestioned "truth" from on high, and feel therefore qualified--indeed, obligated--to enforce that "truth" without opposition.

Since most politicians tend to be in the legislature, the far-right ones concentrate their resentment on the executive and judicial branches. With the former, they characterize the President as an impostor and change the rules (filibuster, etc.) to diminish his veto power (meanwhile making plans to whittle down the Cabinet to next to nothing). With the latter, they sneeringly deride the justices who disagree with them as "activist" and threaten to have them arrested.

They "interpret" the Constitution the same way religious literalists "interpret" the Bible--in fact, they think they're one and the same, only worded differently, and insist the Founding Fathers were all evangelicals--to throw as much power to the states, their individual fiefdoms, as they can, and disempower those pesky "checks and balances" as much as possible.
How odd that anyone would be accused of being "authoritarian" for suggesting the wholly legal reorganization of a body noted for grossly overreaching its authority, such as the Ninth Circuit Court. The most overruled Court in the Country, I will add, and so out of the Left's beloved "mainstream."

Also, explicit language ion a legal document tends to require little "interpretation" by other than scoundrels. I recommend a study of the language in the First and Second Amendments for an object lesson in how scoundrels have twisted or attempted to twist these Constitutional provisions.
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Old 01-01-2012, 12:09 AM
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Default Re: Gingrich: Abolish ‘anti-American’ Ninth Circuit judges

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Originally Posted by foundit66 View Post
The truly funny thing about such a rant (to me) is how it lacks any realistic perspective...

It focuses on one comment in the constitution, and then pretends to be helpful.


Here is being helpful...
Ask yourself "why?"
WHY is Newt the only one talking about doing this seriously?
WHY haven't we had presidents been doing this for decades now?
WHY is even the right-wing slamming Gingrich on this nonsense?

For a long list of reasons which it is a waste of time to try to explain to you (but it's ALL OVER the editorial space), Gingrich's comments are utter absurdity.

And your "help" is totally missing the point in an anti-judicial fervor...
What Newt is suggesting unfortunately is a very bad idea, first of all it’s oddly unconstitutional, we have three for equal branches. Having Congress impact the judiciary in this way; abolishing courts, ineffectively firing judges violates clear constitutional requirement. The judges serve for good behavior for their entire life subject only to impeachment and in fact the framers much as I have core judicial activism, a notional powerful legislatures have been worst. Hamilton actually warned us that it is the legislature that is the most dangerous branch. So one thing that surprised me about Newt is that if you’re running to be a president of these United States, never seem to think that if you have a Congress that can squeeze the judiciary in this way can do likewise to the executive.
On Newt Gingrich?s statements about abolishing courts
http://www.politicalwrinkles.com/ele...tml#post382837
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Old 01-01-2012, 10:59 AM
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Default Re: Gingrich: Abolish ‘anti-American’ Ninth Circuit judges

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Originally Posted by Oftencold View Post
... noted for grossly overreaching its authority, such as the Ninth Circuit Court. The most overruled Court in the Country, I will add, and so out of the Left's beloved "mainstream."
Sounds like one person's interpretation to me, and a highly subjective and--in my opinion--extreme one. I'm glad you're not running for President.

Quote:
Also, explicit language ion a legal document tends to require little "interpretation" by other than scoundrels.
Indeed.
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Old 01-01-2012, 08:29 PM
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Default Re: Gingrich: Abolish ‘anti-American’ Ninth Circuit judges

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Originally Posted by Oftencold View Post
You didn't even bother to read what I wrote, did you...

Why do you think you have a list of right-wingers who are also saying Gingrich's comments are just a bad idea...
Conservative legal analyst Edward Whelan called Gingrich's proposal for abolishing judgeships "constitutionally unsound and politically foolish."

The Constitution says judges, once appointed, "shall hold their offices during good behavior." And while their decisions can be overruled by higher courts, judges have not been threatened with impeachment over their rulings.
Newt Gingrich Supreme Court | Newt Gingrich says he'd defy Supreme Court rulings he opposed - Los Angeles Times
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Old 01-02-2012, 11:45 PM
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Default Re: Gingrich: Abolish ‘anti-American’ Ninth Circuit judges

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Originally Posted by foundit66 View Post
. . .
Why do you think you have a list of right-wingers who are also saying Gingrich's comments are just a bad idea...
Because they are wrong, of course. The Federal Courts are an instrument of the Congress, not superior to it, not equal to it, they do not check nor balance the Congress. Those rolls were reserved, some would even say "usurped" by the Supreme Court.

Like so many institutions, occasional reorganization is probably very good for them.
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Old 01-03-2012, 08:52 AM
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Default Re: Gingrich: Abolish ‘anti-American’ Ninth Circuit judges

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Originally Posted by Oftencold View Post
How odd that anyone would be accused of being "authoritarian" for suggesting the wholly legal reorganization of a body noted for grossly overreaching its authority, such as the Ninth Circuit Court. The most overruled Court in the Country, I will add, and so out of the Left's beloved "mainstream."

Also, explicit language ion a legal document tends to require little "interpretation" by other than scoundrels. I recommend a study of the language in the First and Second Amendments for an object lesson in how scoundrels have twisted or attempted to twist these Constitutional provisions.
ONCE again, it is the largest of all the circuit courts so of course it hears the most cases that go to SCOTUS, so of course it would follow that more cases would be overturned.

....but even if you are right, the fact that it gets overturned with the frequency you are suggesting without any sources, would mean that in fact our judicial system is working just fine and that it does not really ever get a chance to overreach.

Due process...ain't it great?
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