Libertarian's Forum
Libertarian Forum to discuss politics and free market economics.
Libertarian's ForumLibertarian's ForumFreedom Forum › The Role of the Judiciary
Page Index Toggle Pages: 1 Send TopicPrint
Normal Topic The Role of the Judiciary (Read 43 times)
Jeff
Libertarian Freedom Member
*****
Offline

Libertarian's Forum

Posts: 30316
Location: USA
Joined: Feb 26th, 2014
The Role of the Judiciary
Jun 1st, 2018 at 6:34am
Print Post  
  
Back to top
 
IP Logged
 
SkyChief
Libertarian Freedom Member
*****
Offline

Libertarian's Forum

Posts: 6270
Joined: Aug 18th, 2014
Re: The Role of the Judiciary
Reply #1 - Jun 1st, 2018 at 11:57am
Print Post  
"The judiciary is called upon to be very robust and aggressive in striking down laws that are contrary to the Constitution,while at the same time, it is supposed to be very constrained with regard to the separation of powers."

Where were the Judiciary watchdogs on October 26th, 2001 when George W. Bush signed the PATRIOT Act into Law?

The law blatantly violated the 4th Amendment of our Constitution.  Why didn't SCOTUS swat it down?
  
Back to top
 
IP Logged
 
Sicklers Dink
Libertarian Freedom Member
*****
Offline

Libertarian's Forum

Posts: 10544
Location: British Columbia
Joined: May 8th, 2017
Re: The Role of the Judiciary
Reply #2 - Jun 1st, 2018 at 12:36pm
Print Post  
SkyChief wrote on Jun 1st, 2018 at 11:57am:
"The judiciary is called upon to be very robust and aggressive in striking down laws that are contrary to the Constitution,while at the same time, it is supposed to be very constrained with regard to the separation of powers."

Where were the Judiciary watchdogs on October 26th, 2001 when George W. Bush signed the PATRIOT Act into Law?

The law blatantly violated the 4th Amendment of our Constitution.  Why didn't SCOTUS swat it down?


It seems to me that it was necessary under the circumstances of the time. Your constitution doesn't cover any and all eventualities.

Perhaps your constitution shouldn't have been ignored by Bush1 when he led your country to war in Iraq. Therein lies the root cause for the Patriot Act. Protecting your country against revenge.

It's roughly equivalent to Canada's 'War Measures Act'.
  
Back to top
 
IP Logged
 
Jeff
Libertarian Freedom Member
*****
Offline

Libertarian's Forum

Posts: 30316
Location: USA
Joined: Feb 26th, 2014
Re: The Role of the Judiciary
Reply #3 - Jun 1st, 2018 at 1:25pm
Print Post  
SkyChief wrote on Jun 1st, 2018 at 11:57am:
"The judiciary is called upon to be very robust and aggressive in striking down laws that are contrary to the Constitution,while at the same time, it is supposed to be very constrained with regard to the separation of powers."

Where were the Judiciary watchdogs on October 26th, 2001 when George W. Bush signed the PATRIOT Act into Law?

The law blatantly violated the 4th Amendment of our Constitution.  Why didn't SCOTUS swat it down?
Obviously the Courts aren't doing their job. When the Supreme Court bowed to FDR, they essentially tossed limited government and fidelity to the Constitution out the window.

For a long time now, the Courts have thought it was their job to defer to the legislature, since, in their strange theory, the legislature represents the will of the people  and should be allowed to do whatever the people want. It's a very 'democratic' idea and completely at odds with Constitutional government.
  
Back to top
 
IP Logged
 
Page Index Toggle Pages: 1
Send TopicPrint
 
Libertarian's ForumLibertarian's ForumFreedom Forum › The Role of the Judiciary
Libertarian's Forum

Libertarian's Forum Information Rules, Agreement and Privacy Policy