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Very Hot Topic (More than 25 Replies) The Ninth Circuit Ruling on DACA Shows America is a Judiocracy (Read 774 times)
Snarky Sack
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The Ninth Circuit Ruling on DACA Shows America is a Judiocracy
Jan 10th, 2018 at 8:11pm
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Has been since Marbury v. Madison.

That case has zero basis in the law or the constitution.  It is some judges who don't like the duly elected president asserting their power to stop him.  The idea that Obama was allowed to issue an executive order but Trump is not allowed to issue a different one is patently absurd and cannot be supported. 

Some on here stress out over the idea that the mentally retarded should not vote.  But we have all lost our right to consent to our government if those we do vote for can be completely ignored by the courts asserting their right to rule.

  

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Don_G
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Re: The Ninth Circuit Ruling on DACA Shows America is a Judiocracy
Reply #1 - Jan 10th, 2018 at 8:22pm
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Snarky Sack wrote on Jan 10th, 2018 at 8:11pm:
Has been since Marbury v. Madison.

That case has zero basis in the law or the constitution.  It is some judges who don't like the duly elected president asserting their power to stop him.  The idea that Obama was allowed to issue an executive order but Trump is not allowed to issue a different one is patently absurd and cannot be supported. 

Some on here stress out over the idea that the mentally retarded should not vote.  But we have all lost our right to consent to our government if those we do vote for can be completely ignored by the courts asserting their right to rule.



Settle down and stop exaggerating. Obama was a very bright man and Trump is a mentally derange psychopath. Even Bush2 was normal compared to Trump.
  
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The Opposition
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Re: The Ninth Circuit Ruling on DACA Shows America is a Judiocracy
Reply #2 - Jan 11th, 2018 at 12:12am
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Libertarians want an effective judiocracy. I can provide quotes if necessary. Quotes about how everything should be handled by common law, which means try the case, and the court decides.

For example, let's say a neighbour's bough is hanging over my yard and I cut it. He takes me to court, and the common law, while supposedly (but not enforceably) relying on precedent, decides whether I owe him or not.

This is common law, and this is what libertarians want.
  

This moral relativism of yours is exactly what lets government take this freedom, then that freedom, until we have lost them all.
-SnarkySack
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Jeff
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Re: The Ninth Circuit Ruling on DACA Shows America is a Judiocracy
Reply #3 - Jan 11th, 2018 at 7:59am
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The Opposition wrote on Jan 11th, 2018 at 12:12am:
Libertarians want an effective judiocracy. I can provide quotes if necessary. Quotes about how everything should be handled by common law, which means try the case, and the court decides.

For example, let's say a neighbour's bough is hanging over my yard and I cut it. He takes me to court, and the common law, while supposedly (but not enforceably) relying on precedent, decides whether I owe him or not.

This is common law, and this is what libertarians want.
If it's hanging over your yard, you can cut it.

https://www.libertarianism.org/encyclopedia/common-law

There is another system of law and courts to decide disputes between branches of government or complaints about the legality of government actions.

Try to learn at least enough so you don't inadvertently wander off topic.
  
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Jeff
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Re: The Ninth Circuit Ruling on DACA Shows America is a Judiocracy
Reply #4 - Jan 11th, 2018 at 8:08am
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Snarky Sack wrote on Jan 10th, 2018 at 8:11pm:
Has been since Marbury v. Madison.

That case has zero basis in the law or the constitution.  It is some judges who don't like the duly elected president asserting their power to stop him.  The idea that Obama was allowed to issue an executive order but Trump is not allowed to issue a different one is patently absurd and cannot be supported. 

Some on here stress out over the idea that the mentally retarded should not vote.  But we have all lost our right to consent to our government if those we do vote for can be completely ignored by the courts asserting their right to rule.

District Courts and Appeals Courts disagree all the time. The Supreme Court is supposed to settle their disagreements according to the Constitution, and the Supreme Court does rule the lower courts.

The Supreme Court is also supposed to be the final bulwark of our Liberty against usurpation of power by the government. In that, they have failed horribly.

Federalist No. 49: Madison
           "As the people are the only legitimate fountain of power, and it is from them that the constitutional charter, under which the several branches of government hold their power is derived, it seems strictly consonant to the republican theory to recur to the same original authority, not only whenever it may be necessary to enlarge, diminish, or new-model the powers of government, but also whenever one of the departments may commit encroachments on the chartered authorities of the others. The several departments being perfectly co-ordinate by the terms of their common commission, neither of them, it is evident, can pretend to an exclusive or superior right of settling the boundaries between their respective powers; and how are the encroachments or the stronger to be prevented, or the wrongs of the weaker to be redressed, without an appeal to the people themselves, who, as the grantors of the commission, can alone declare its true meaning, and enforce its observance?"

  
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Don_G
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Re: The Ninth Circuit Ruling on DACA Shows America is a Judiocracy
Reply #5 - Jan 11th, 2018 at 12:17pm
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The SCOTUS is a totally corrupt body that rules on the basis of politics.

This is where libertarians should be heaping on the scorn but instead take the side of one of the two major political parties.

Libertarianism as expressed on this forum is rightist ideology with a twist toward 'look after my interests' selfishness.
  
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Jeff
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Re: The Ninth Circuit Ruling on DACA Shows America is a Judiocracy
Reply #6 - Jan 11th, 2018 at 6:00pm
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Quote:
The SCOTUS is a totally corrupt body that rules on the basis of politics.

You think it's purely political when they rule that "Great Society" programs are Constitutional, or when they rule that the right to bear arms is fundamental?

Think carefully before you answer. One is political and the other isn't. Take your time.
  
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Snarky Sack
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Re: The Ninth Circuit Ruling on DACA Shows America is a Judiocracy
Reply #7 - Jan 11th, 2018 at 9:18pm
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Quote:
The SCOTUS is a totally corrupt body that rules on the basis of politics.

This is where libertarians should be heaping on the scorn


Correct!  Currently, it is the more liberal justices who are siding with the forces against freedom.  But in the not so distant past, it was the conservative justices who allowed censorship of political speech and of art of an adult nature and who voted against preventing police from over-riding the right to remain silent and the right to due process.

This ruling about DACA isn't really about whether illegal alien "kids" can stay and work their way up the MS13 power structure.  It's about the judicial branch showing disdain for the duly elected president and for the voters who put him in office and ruling acts of his with which they disagree "unconstitutional."

We have to fight against judicial activism even when it does get us something we want politically.  If we believe in democracy that it. 


  

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Re: The Ninth Circuit Ruling on DACA Shows America is a Judiocracy
Reply #8 - Jan 11th, 2018 at 11:15pm
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The Opposition wrote on Jan 11th, 2018 at 12:12am:
...everything should be handled by common law, which means try the case, and the court decides.

Yes. The courts are our last bastion of hope for justice.

Now that they are corrupt, where should we turn?
  
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Jeff
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Re: The Ninth Circuit Ruling on DACA Shows America is a Judiocracy
Reply #9 - Jan 12th, 2018 at 7:49am
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SkyChief wrote on Jan 11th, 2018 at 11:15pm:
Yes. The courts are our last bastion of hope for justice.

Now that they are corrupt, where should we turn?
Not all of our judges and justices and magistrates are corrupt "progressives". In fact, I believe the majority of them are not.

Unfortunately, most all of them learned "the law and the Constitution" from corrupt "progressive" law professors who teach that our Constitution was created by FDR's tame Supreme Court and Supreme Court precedents begin with the authorization of the New Deal.

Educating judges and justices is essential. The Cato Institute does a lot of good work in that area. Support them.
  
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