SC can interprete current law. If it ends up that law is not what the people want Congress can create another law that makes it more clear. Congress/Government makes law. SC determines how the case before it applies to that law....
10-01-2006, 11:06 AM
| #21 | ||||
| Never, never, never give up  Conservative Party High Point, NC 
| SC can interprete current law. If it ends up that law is not what the people want Congress can create another law that makes it more clear. Congress/Government makes law. SC determines how the case before it applies to that law. | ||||
     |
|
10-01-2006, 11:35 AM
| #22 | ||||
| Banned - Self Imposed  Progressive Philadelphia, PA
| Originally Posted by Stylerod Look up Case Law...sometimes judges make a law because there is no law 
| ||||
| |
|
10-01-2006, 12:44 PM
| #23 | ||||
| America Fuck Yea Election Moderator  Republican In Name Only
| http://appl003.lsu.edu/artsci/polisci.nsf/$Content/James+Stoner?OpenDocument I went to a lecture last week by Dr. Stoner from LSU. He was arguing that when the Court makes up laws it is less democratic because there is no legal recourse to be made. Should we or should we not have abortion, well it doesn't matter because a nondemocratic court made the decision based upon weak interpretation. And the more this happens, the more politicized the supreme court becomes which is not the way it should be. Courts should pass decisions based upon specific cases and then that decision should be applied only to that case. The pledge case is a great example, the case should have never even been heard, the father had no legal complaint. | ||||
| |
|
10-01-2006, 01:55 PM
| #24 | ||||
| Administrator  libertarian Oklahoma
| Originally Posted by kinggovernor Thats a good post and I agree
 | ||||
| |
|
10-01-2006, 03:38 PM
| #25 | ||||
| America Fuck Yea Election Moderator Republican In Name Only
| Originally Posted by 6SpeedTA95 he also did a bit on why the Patriot Act is constitutional and then some kids tried to debate him. It was really funny to watch, PhD from Harvard > 20 year old undergrad
| ||||
| |
|
10-01-2006, 03:41 PM
| #26 | ||||
| Banned - Self Imposed Progressive Philadelphia, PA
| Originally Posted by kinggovernor Kind of like a college linebacker beating up a kid in the college band...so funny!
 There are PhD's from Harvard who would view the PA as unconstitutional | ||||
| |
|
10-01-2006, 03:45 PM
| #27 | ||||
| America Fuck Yea Election Moderator Republican In Name Only
| Originally Posted by Thorgrim I would find humor in that situation
| ||||
| |
|
10-01-2006, 03:59 PM
| #28 | ||||
| Banned - Self Imposed Progressive Philadelphia, PA
| Originally Posted by kinggovernor you have to have a case of abuse where the victim knows about it...thats hard on bill with so many secrets
Suppose the NSA wire-tapped a conversation between you and your family about a friend of theirs who just got dumped in a really harsh way...and the NSA guys had a big laugh about it and passed it around the office...suppose that was fact How could you possibly go to court and prove it? The NSA won't admit it, and there is no way for you to tell when your phones are being bugged... | ||||
| |
|
10-01-2006, 04:22 PM
| #29 | ||||
| Would-Be King  Republican Virginia Beach
| Judges never make laws. They merely interupt it. Interpretations are open for interpretation. Thats a unique way to describe the appellate process, which invariably re-interprets a previous interpretation. LOL. If nothing else, that was fun. Even if the SC says that as a result of case X, Y is now illegal, congress can simply produce a bill to make Y legal again. If its a popular opinion, the prez will sign it. Ultimately government is the voters' creation. We make the monster, then spend our lives analizing it. Want something different, pay attention to canidates. | ||||
| |
|
10-01-2006, 04:43 PM
| #30 | ||||
| Banned - Self Imposed Progressive Philadelphia, PA
| Originally Posted by MoTaVa
Wrong...judges make laws all the time...its called Case Law, it makes up a huge chunk of US law | ||||
| |
|
10-01-2006, 05:12 PM
| #31 | ||||
| Would-Be King Republican Virginia Beach
| case law...precedential law...decisional law...common law...juriprudence These are all non-legislative. A judges decision will not result in a law, only a precedant for other judges to follow or interpret. Case Law is exactly that, case law. | ||||
| |
|
10-01-2006, 06:07 PM
| #32 | ||||
| America Fuck Yea Election Moderator Republican In Name Only
| Originally Posted by Thorgrim use of the IG office would be key in this situation.
| ||||
| |
|
10-01-2006, 06:44 PM
| #33 | ||||
| Would-Be King Republican Virginia Beach
|
Are there people out there that actually believe we have agents monitoring each and every phone call. Come on...be real. The shear volume of global communications makes that entirely impossible. Software does it for us. Certain words and phrases are flagged and it goes from there. So if your family is talking about a friend that got dumped, they might wanna leave out certain words and phases like bomb, suicide bomb, scheduled attack, and others. Although that would be one naaasty breakup. | ||||
| |
|
10-01-2006, 07:01 PM
| #34 | ||||
| I DIDNT KNOW THAT  Corpus Christi, Texas
| Originally Posted by MoTaVa
 My fear is that at some point in the future, it will be used as a precident, and by natural evolution eventually be used for something other than "terror" or terror used as an excuse. The ability to abuse is now more probable than ever. | ||||
| |
|
10-01-2006, 08:25 PM
| #35 | ||||
| Would-Be King Republican Virginia Beach
| I dont think we will have to worry about that. One thing this country is not short on.....lawyers. Plus, only people living outside the law have any cause for concern. | ||||
| |
|
10-01-2006, 08:26 PM
| #36 | ||||
| Administrator libertarian Oklahoma
| Originally Posted by MoTaVa While I tend to agree that if you're not doing anythign illegal you dont have to worry the expanded powers are still recipe for disaster in the long run. We have a constitution and LIMITED federal powers for a reason.
| ||||
| |
|
10-01-2006, 08:27 PM
| #37 | ||||
| I DIDNT KNOW THAT Corpus Christi, Texas
| Originally Posted by MoTaVa I firmly believe it has the opportunity to morph as we move in a direction that could lead to a police state. If it isnt necessary, why mess with it?
| ||||
| |
|
10-01-2006, 08:58 PM
| #38 | ||||
| Would-Be King Republican Virginia Beach
| That would never happen. It just wouldn't. Americans are not easily subdued and any attempt to create a police state would be doomed to failure. We simply have too many guns and militia. If the wire taps produced a case that was outside the terrorism umbrella, the lawyers would pounce upon that case like the starving jackals they are. The only thing left would be editorials and water cooler commentary. I simply have faith and confidence in our system. It might not be perfect, but its the best this planet has seen thus far. And when there's a better one, I'll move there. | ||||
| |
|
10-01-2006, 09:24 PM
| #39 | ||||
| I DIDNT KNOW THAT Corpus Christi, Texas
| Originally Posted by MoTaVa And you dont believe with the bills that were past this last week striking down habeas corpus and then wireless wiretapping that we havent already made tremendous strides in that direction? Nothing we are going to feel the effects of in the near future, but a definate threat for the future none the less.
| ||||
| |
|
10-01-2006, 09:49 PM
| #40 | ||||
| Would-Be King Republican Virginia Beach
| What exactly do you think the hidden agenda is? Police states invariably fail. Do you think our government would eat itself? What would be gained? A police state is far less competitive and therefore far less productive. Less production means less money for government, trust me, they wont eat themselves. I'm not sure what your saying about habeas corpus is completely accurate. I think that particular bill has to do with terrorism cases only. You will still be able to demand the courts show the evidence against you in domestic cases. Again I'm not hundred percent sure, but I'm gonna go read up on it. | ||||
| |
