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Open Discussion Discuss How should a justice vote? at the General Forum; Originally Posted by treedancer What’s more important than “How should a justice vote” is, in IMO, should a President be ...

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Old 07-10-2018, 04:20 PM
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Default Re: How should a justice vote?

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Originally Posted by treedancer View Post
What’s more important than “How should a justice vote” is, in IMO, should a President be allowed to appoint a Justice to the Supreme Court while he is a key figure in a criminal investigation?
What, in your mind, constitutes being a "key figure" in a criminal investigation?

At there any boundaries to that "description?" or just liberal hyperbole?

There are no warrants out for TRUMP In fact Mueller has stated publically that Trump is not under investigation. So you must be talking about someone who isn't currently, the President.
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Old 07-10-2018, 04:43 PM
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Default Re: How should a justice vote?

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... with no legislative powers.
This is what has bothered me about the gay marriage issue. While I can certainly see how the court could rule that the laws governing marriage in the states were unconstitutional, I'm still having a hard time figuring out how they were able to write the laws for the states. At most, I would think they would be able to do is void the laws governing marriage, in essence ending marriage in the states until new laws can be written.

How were they able to create this legislation?
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Old 07-10-2018, 04:58 PM
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Default Re: How should a justice vote?

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Originally Posted by saltwn View Post
The Supreme Court is the final judge in all cases involving laws of Congress, and the Constitution. However, its power is limited by the other two branches of government.
But that still does not answer the question I have posed in the OP, viz.: should a Supreme Court justice vote according to his (or her) desired outcome, or according to constitutional principles, when the two are in conflict?
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Old 07-10-2018, 05:56 PM
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Default Re: How should a justice vote?

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But that still does not answer the question I have posed in the OP, viz.: should a Supreme Court justice vote according to his (or her) desired outcome, or according to constitutional principles, when the two are in conflict?
By reinterpreting the constitution to mean what they WANT it to mean. The two will never be in conflict.
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Old 07-10-2018, 05:58 PM
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Default Re: How should a justice vote?

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Originally Posted by pjohns View Post
But that still does not answer the question I have posed in the OP, viz.: should a Supreme Court justice vote according to his (or her) desired outcome, or according to constitutional principles, when the two are in conflict?
According to the law. Constitution and amendments. whatever congress passes into law must be weighed against those if challenged. There is a process and I believe and hope Brett K knows it well. For instance if something has been brought up several times and had the same ruling, providing nothing drastic has changed since, there's no need to go to square one. However if society has been drastically changed , by say science or womens suffrage, etc., there might be pieces of a statute interpreted specifically in light of that change.
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Old 07-10-2018, 07:45 PM
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Default Re: How should a justice vote?

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QUOTE FrancSevin

What, in your mind, constitutes being a "key figure" in a criminal investigation?
The person of interest...that would be the‘ Liar in Chief’ tRump.

Quote:
At there any boundaries to that "description?" or just liberal hyperbole?
The only boundaries so far are the pretzel shapes you trumpeters bend yourselves in to justify yer faith in that narcissist/sociopath occupying the oval office.

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There are no warrants out for TRUMP
YET!

Quote:
In fact Mueller has stated publically that Trump is not under investigation. So you must be talking about someone who isn't currently, the President.
"Mueller told Trump’s attorneys the president remains under investigation but is not currently a criminal target"

https://www.washingtonpost.com/polit...=.5646ccc59452

A person of interest then.
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Old 07-10-2018, 08:34 PM
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Default Re: How should a justice vote?

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[I]f something has been brought up several times and had the same ruling, providing nothing drastic has changed since, there's no need to go to square one.
You appear to be referring to the doctrine of stare decisis.

But I really would not wish to cling too closely to this.

If we did, then Dred Scott v. Sandford and Plessey v. Ferguson would have prevailed. (Well, perhaps the former would have been overturned by the Civil War; but the latter would never have been overturned by Brown v. Board of Education.)
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Old 07-10-2018, 08:50 PM
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Default Re: How should a justice vote?

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Originally Posted by pjohns View Post
You appear to be referring to the doctrine of stare decisis.

But I really would not wish to cling too closely to this.

If we did, then Dred Scott v. Sandford and Plessey v. Ferguson would have prevailed. (Well, perhaps the former would have been overturned by the Civil War; but the latter would never have been overturned by Brown v. Board of Education.)
that would be covered under and exception for social or scientific; any kind of big shift in knowledge etc.
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Old 07-11-2018, 12:07 AM
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Default Re: How should a justice vote?

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Originally Posted by FrancSevin View Post
No. The Supreme Court is limited only by the description of it in the Constitution. It is a Co-equal branch of a three legged stool, with no legislative powers. Period. The executive implements and manages what the Legislature approves. The legislature passes laws, taxes and regulations.

The Supreme Court, and Federal court system is beholden to the executive and legislative branches only for appointments of new members. It keeps the other two within the boundaries as established by the founding documents.
No, the judiciary was intended to be the weakest branch of the Federal government. Its power can only be exercised when a case is brought to it. All judges including SCOTUS justices are subject to impeachment. Laws can be passed that are not subject to judicial review. All Federal courts below the SCOTUS can be dissolved. The SCOTUS depends on Congress for funding.

Thanks to judicial activism and Left wing indoctrination the Federal judiciary has grown to have enormous power far beyond those imagined in the Constitution. Today we have district judges issuing nationwide injunctions based on partisan reasoning. We have a SCOTUS that declares new rights based on reading penumbras and making up new interpretations of amendments to expand its power into areas that have been the purview of states.

The most powerful branch is Congress who ought to begin reining in the judiciary by dissolving any Federal district court that issues a national injunction and withhold funding from the SCOTUS for a term as a reminder of who holds the whip hand and to warn the justices that they are no longer free to act as a super legislature. Be aware that President Jefferson took the judiciary apart early in his administration when he thought they had become the product of partisan corruption.
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Old 07-11-2018, 01:31 AM
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Default Re: How should a justice vote?

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Originally Posted by treedancer View Post
What’s more important than “How should a justice vote” is, in IMO, should a President be allowed to appoint a Justice to the Supreme Court while he is a key figure in a criminal investigation?
And your Constitutional basis for this question is???????....
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