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The Power of the SCOTUS III: Roberts' Rules of Order

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Re: The Power of the SCOTUS III: Roberts' Rules of Order

Good news! I finally found a country where all these wannabe ex-pats can go to escape the oppressive heel of the Marxist Dictator from Kenya currently occupying the White House!

I give you the beautiful nation of...Senegal!

It is a Republic (the president serves 5 years instead of 4) with a House and Senate! And there are 80 political parties, so you're sure to find one radical enough for you! It is a tad warm (interior regions can approach 130) but you'll want to stay in Dakar, which is near the coast and a nice cool 75-85.

There is some bad news. There are only about 6 doctors/100,000 people (about 800 for the whole country), but hey, it's just another opportunity to pull yourselves up by your bootstraps without any pesky government telling you what to do! And hey, at least there are more Christians there than doctors! Unfortunately, the population is 94% Muslin, and the place is just crawling with..well..you know...darkies.

One-way flights to Dakar will run about $1500 (unless you choose a less than reputable airline) and take 20-30 hours of travel time.

Sounds like a great place to move to! Who wants to go?

There's worse news. They speak French.
 
Re: The Power of the SCOTUS III: Roberts' Rules of Order

Comeon Bob, I know you feel the need to justify Robert's decision, but seriously? First you call him the next Souter. Now he was blackmailed by Obama? It couldn't be he issued a legally conservative opinion that abided by the judicial principle of "if a statute can be constitutionally construed, courts are bound to construe it in that manner?"
Oh, heavens, people suggest that Roberts did something akin to what Obama's been calling for him to do in the last months, namely respect what the legislative and executive branches have done and not make a political decision. Yup, that's a total stretch. You can really be ridiculous sometimes. :rolleyes:

Here's yet another person, a longtime courtwatcher and writer for SCOTUSblog who states:
""I think he was determined to try to uphold some key parts of the law, if he could find a way, partly because ... he has grown concerned about the public perception that his court is a partisan-driven court."

http://news.yahoo.com/blogs/ticket/did-justice-roberts-change-obamacare-vote-last-minute-201536484.html

To the extent the court has caved to political pressure to vote in a certain direction, that is a loss for anyone who care about quaint concepts like an independent judiciary.
 
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Re: The Power of the SCOTUS III: Roberts' Rules of Order

Whats amazing about Roberts opinion is that he says that its not a tax originally since a tax can't be ruled on until it takes effect (2014 in this case), but then later states it is a tax therefore making it constitutional. He threw out 200+ years of precedent on what Congress is allowed to tax saying it is covered under General Welfare. Please read Federalist #41 to see how the General Welfare Clause is supposed to be viewed. It is a statement of purpose, not direction.

We were a country were the people had all the power and granted the gov't a few, enumerated powers. That has now totally flipped. There is nothing stopping the majority from running over the minority. We have lost what made America different and special.

The good news is that its going to be easy for Congress to make up the $20B loss on its stake in GM. They can now say either buy a GM car or pay a $10,000 tax.
 
Re: The Power of the SCOTUS III: Roberts' Rules of Order

We were a country were the people had all the power and granted the gov't a few, enumerated powers. That has now totally flipped. There is nothing stopping the majority from running over the minority. We have lost what made America different and special.

The good news is that its going to be easy for Congress to make up the $20B loss on its stake in GM. They can now say either buy a GM car or pay a $10,000 tax.


that's absolutely right, and Roberts acknowledged as much. In fact, I don't think i've ever heard of a Chief Justice issuing such a stern rebuke to the President, the Congress, and the voting public when speaking officially from the bench:

Members of this Court are vested with the authority to interpret the law; we possess neither the expertise nor the prerogative to make policy judgments. Those decisions are entrusted to our Nation’s elected leaders, who can be thrown out of office if the people disagree with them. It is not our job to protect the people from the consequences of their political choices.



My jaw dropped when I read that. Wow!

"You get what you vote for, people. If you are unhappy, don't blame us: vote differently."
 
Re: The Power of the SCOTUS III: Roberts' Rules of Order

My jaw dropped when I read that. Wow!

"You get what you vote for, people. If you are unhappy, don't blame us: vote differently."

The problem is that is their job if the law isn't constitutional. He says that it has to be enumerated while at the same time going against all precedent and creating a new definition of allowable taxes.
 
Re: The Power of the SCOTUS III: Roberts' Rules of Order

The problem is that is their job if the law isn't constitutional. He says that it has to be enumerated while at the same time going against all precedent and creating a new definition of allowable taxes.

I believe the message we can get from that is, "Come back in 2014 when the tax is enacted. We'll tell you if it's Constitutional."
 
Re: The Power of the SCOTUS III: Roberts' Rules of Order

I believe the message we can get from that is, "Come back in 2014 when the tax is enacted. We'll tell you if it's Constitutional."


You just go on believing that sparky!

Knuckledraggers are so cute. Say hi to Wilma and Barney Rubble next door for me.
 
Re: The Power of the SCOTUS III: Roberts' Rules of Order

Say hi to Wilma and Barney Rubble next door for me.


Since they are next door to you, why not just say hello to them yourself?? :confused:


or have you annoyed them so much with your smugness that they aren't speaking to you any more?
 
Re: The Power of the SCOTUS III: Roberts' Rules of Order

OK 51 on a par 34 for 9 holes. Short game deserted me...

Conservative:
"The key thing here is not to confuse a conservative with a member of the radical right. A conservative isn't for a God fearing nation in which non-believers are prosecuted by the law. They'd rather have people go to church on Sundays on their own free will. They would appreciate not being treated like a villain because they do go to church, pray before a major event, or place a symbol of their faith in a public area. They don't want to tear down crosses that have been in place for more than fifty years because someone has suddenly found a symbol of their faith insulting.

"A conservative is basically against change. They'll admit that things may not be exactly fair, but the correction should be a minor tweak of the system and not the elimination of the system. That's the real definition of a conservative. It isn't that they are pro-war, pro-business, or anti-gay. They just don't want radical change in how things have been up to now.

"In a funny way, conservatives do believe that people should have a lot more freedom in how they can act. They feel that if you own a business, then you have the right to say who works for you. That means you don't have to hire someone to satisfy some equal opportunity criteria. Of course, that does deny equal opportunity to some people but it isn't a result of a dictate by law.

"I'm not saying that conservatives are entirely right. Some of their opposition to change allows civil injustices to continue. I'm just saying that is the last kind of person who would adopt radical change in the American political system,"
"William Redman Carter" by Lazlo Zalezac
 
Re: The Power of the SCOTUS III: Roberts' Rules of Order

The problem is that is their job if the law isn't constitutional. He says that it has to be enumerated while at the same time going against all precedent and creating a new definition of allowable taxes.
But the SCOTUS ruled that the ACA is constitutional. It may be a bad law, but a bad law is not necessarily unconstitutional.

If we think our elected representatives (we all have 3) are doing a bad job, we have the constitutional right to replace them via the ballot box. If the legislature gets too far out of hand, some radicals start meeting in secret then in public and start handing our pamphlets that begin "When in the course of human events..."
 
Re: The Power of the SCOTUS III: Roberts' Rules of Order

But the SCOTUS ruled that the ACA is constitutional. It may be a bad law, but a bad law is not necessarily unconstitutional.

If we think our elected representatives (we all have 3) are doing a bad job, we have the constitutional right to replace them via the ballot box. If the legislature gets too far out of hand, some radicals start meeting in secret then in public and start handing our pamphlets that begin "When in the course of human events..."

Methinks MinnFan ain't too confident about his party's chances of winning the Presidency, hence his dashed hopes the Courts would do the dirty work for him.
 
Re: The Power of the SCOTUS III: Roberts' Rules of Order

The more I think about Roberts' ruling, the more I appreciate its brilliance, on so many different levels, in so many different directions. Wow.
 
Re: The Power of the SCOTUS III: Roberts' Rules of Order

The problem is that is their job if the law isn't constitutional. He says that it has to be enumerated while at the same time going against all precedent and creating a new definition of allowable taxes.

Haven't implied powers been settled law since McCulloch v. Maryland?
 
Re: The Power of the SCOTUS III: Roberts' Rules of Order

OK 51 on a par 34 for 9 holes. Short game deserted me...

Conservative:

"William Redman Carter" by Lazlo Zalezac
tl:dr "a whole lot of derp"

Conservatives, constantly trying to reinvent a definition of what they are to make themselves more palatable to anyone with half a functioning brain.
 
Re: The Power of the SCOTUS III: Roberts' Rules of Order

This thread title seems to be very fitting now.
 
Re: The Power of the SCOTUS III: Roberts' Rules of Order

OK 51 on a par 34 for 9 holes. Short game deserted me...

Conservative:

"William Redman Carter" by Lazlo Zalezac

Many of the people who call themselves "conservative" now do not fit that definition. They rail against things that have been in place for a generation or more, arguing for wholesale substitution of untested alternatives that are "better" (or alternatives that used to exist and were thrown out because they were judged in the context of the time to be "worse"). As a result, the people who are usually called "liberal" are often more conservative than the people who are usually called "conservative".

That doesn't necessarily mean that there's anything wrong with the definition you gave, but it doesn't really fit the typical political spectrum in the U.S. these days.
 
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