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  #31  
Old 10-05-2020, 11:01 PM
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Quote:
Originally Posted by Maruzo View Post
I think maybe instead of conforming strictly to the original document like the author believe we should do, we can prehaps find some ways of laying down guidelines for the SCJ to follow. That guideline could be voted on by the American public.
Strict conformance to the Constitution is the only way to go. If we make things a guideline that's voted on then you end up with one group controlling a smaller group or a small vocal group with say support by the media and not by the population at large making rules, laws, changes that benefit them only and not the country as a whole.

The Constitution doesn't say what the government can do it says what they can't do. The Supreme Court is there (in watered down terms) to say this law is valid Constitutionally or not and to be the final arbiter when sides cannot agree. Over the years we as a country have somehow decided that it's ok to ride roughshod over peoples Rights if 51% think it's good or wanted.

NO Supreme Court Justice should flavor their decision with their political beliefs/values.

The answers are black and white...

Constitutional or not, follows the law as written NOT INTERPRETED and if a case from State XXXX says law #22 says something was illegal and a man was found guilty by his peers yet law #13 says he met requirements for doing the actions legally then the SC has the option of upholding the conviction by showing law #13 is unconstitutional or if both laws are Constitutional then the SC must find for the citizen and vacate the conviction since Rights belong to the People before the Rights of the state or the government.

I realize these are over simplifications but without writing a dissertation it was the best I could do at 0430.

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  #32  
Old 10-06-2020, 12:49 AM
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The problem with the current structure is the parties have found ways to manipulate the nomination process in order to gain majority in the SCJ.

Not naming any parties in particular, but we’re seeing this happening before our own eyes.

It’s not making the highest court in our country any fairer than the founding father intended.
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  #33  
Old 10-06-2020, 12:20 PM
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Finished the opinion piece. The author is a talented writer, but definitely long winded (as most good writers tend to be).

My thoughts haven't changed though as the second half was a reiteration of his position with admonition of the political left (and Ginsberg) following. In principle, I think his opinion is solid. And if justices on the left or the right could ONLY read the Constitution and determine if case X was enumerated in it to form their judgements, anyone could be a judge. Would be a simple if => then issue. But that's not the case as obviously not everything is covered in the document.

Given Mr. Williamson's position it would seem he would have a problem with all sorts of rulings from the SC. Citizen's United comes to mind. Now, with Ginsberg's recent death, the political climate, and his transparent political leaning it's understandable his piece was written the way it was. His complaint still applies (or should if he is honest about his position) to all SC justices. And in that, I agree with him. Political beliefs should not interfere with the Court's decisions on whether something is Constitutional or not. But there is still room for disagreement based on the interpretation of the document. Remember, not everything is enumerated in it.

I've found myself in much better "mental" places since around 2012 because I realized all politicians are scum (Obama gave me the last examples I needed). Taking one side or the other is a disservice to ourselves and the country. As voters, we need to vote the incumbents out regardless of party affiliation. Send a message that they serve us, not corporations, or special interests. That there should be no such thing as a career politician. But that's a pipe dream so now I sit on the outside and look in at everyone imploding and hurling insults at each other. I don't care which party is in charge of the 3 branches, the average citizen's life has changed very little, if at all.
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  #34  
Old 10-06-2020, 12:28 PM
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I definitely agree that it applies to both parties as I believe in the Constitution.

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