Constitutional Convention

[Samuel Adams]

Repeal Article III entirely along with every Amendment after the Bill of Rights.

 

[Avatar4321]

How is getting rid of the judicial branch going to help anything?

 

[Oscar Wao]

This thread is going to be epic.

 

[Oddball]

How is getting rid of the judicial branch going to help anything?

Because they basically laid claim to the status of ultimate arbiter over and ultimate "interpreter" of the Constitution, in Marbury v. Madison.

Both Madison (Federalist) and Jefferson (Anti-federalist) agreed that the decision was a total power grab by the judiciary over the republic.

As far as the BoR is concerned, I'd be all for dropping every article after #13.

 

[Oscar Wao]

I don't know there, man. I mean, sure, the courts have gone nuts for only the lord knows how long, but I don't know if I'd totally vilify judicial review, either...

 

[Oddball]

Review is one thing, but making up law out of whole cloth at one end (Miranda), then refusing to enforce clear and unambiguous language on the other (Kelo), is a whole 'nother kettle of fish.

Then there's the issue of fully informed juries........

 

[Kevin_Kennedy]

Let's just revise the Articles of Confederation a bit and go back to them.

 

[uscitizen]

Paisley with a royal blue border.

 

[rightwinger]

Repeal Article III entirely along with every Amendment after the Bill of Rights.

I'm with you pal!

Women and blacks never should have gotten the right to vote

 

[RetiredGySgt]

Yup no women and no untermenchen allowed to vote, voting age back to 21 and of course the best part I imagine will be the return to slavery. No more courts to worry about crime either, I guess we just shoot people we think deserve it?

 

[JakeStarkey]

RGS sounds like a flaming liberal! Actually, he sounds like a reasonable American who loves the Constitution and its expansion of its reciprocity and rights to all citizens of the country.

Judicial review has been abused by both sides, and it will continue to be abused by both sides, for no manmade system is perfect. But the system has done far greater good than not. For starters, not one above has really given any examples, other than Miranda, and that was lame.

 

[JWBooth]

How is getting rid of the judicial branch going to help anything?

Because they basically laid claim to the status of ultimate arbiter over and ultimate "interpreter" of the Constitution, in Marbury v. Madison.

Both Madison (Federalist) and Jefferson (Anti-federalist) agreed that the decision was a total power grab by the judiciary over the republic.

As far as the BoR is concerned, I'd be all for dropping every article after #13.

Jackson had the proper outlook on the supremes:
"John Marshall has made his decision, now let him enforce it."

 

[JWBooth]

Let's just revise the Articles of Confederation a bit and go back to them.

That was the charge given to the delegates that made up what became the Constitutional Convention.

 

[JakeStarkey]

How is getting rid of the judicial branch going to help anything?

Because they basically laid claim to the status of ultimate arbiter over and ultimate "interpreter" of the Constitution, in Marbury v. Madison.

Both Madison (Federalist) and Jefferson (Anti-federalist) agreed that the decision was a total power grab by the judiciary over the republic.

As far as the BoR is concerned, I'd be all for dropping every article after #13.

Jackson had the proper outlook on the supremes:
"John Marshall has made his decision, now let him enforce it."

Jackson was commenting on Worchester v. Georgia, in which the SC opined that GA could not take sovereignity of Cherokee tribal lands. Jackson ignored the court ruling and empowered the ethnic cleansing of the Cherokee people from GA to Indian Territory.

 

[ihopehefails]

RGS sounds like a flaming liberal! Actually, he sounds like a reasonable American who loves the Constitution and its expansion of its reciprocity and rights to all citizens of the country.

Judicial review has been abused by both sides, and it will continue to be abused by both sides, for no manmade system is perfect. But the system has done far greater good than not. For starters, not one above has really given any examples, other than Miranda, and that was lame.

Its expansion is the reason why people have less and less rights not more.

 

[ihopehefails]

How is getting rid of the judicial branch going to help anything?

Because they basically laid claim to the status of ultimate arbiter over and ultimate "interpreter" of the Constitution, in Marbury v. Madison.

Both Madison (Federalist) and Jefferson (Anti-federalist) agreed that the decision was a total power grab by the judiciary over the republic.

As far as the BoR is concerned, I'd be all for dropping every article after #13.

I think they have done that unconstitutionally because if you look at the section that determines what kind of cases they can preside over you will see that it is limited to certain kinds of cases which gives any other judicial body in our country the right to interpret federal law if they chose to. In fact, there is nothing in the constitution that prohibits a state from interpreting and presiding over federal law if it wanted to.

 

[JakeStarkey]

ihhf, that's a hoot. Want to expand on your conclusion, because you sure haven't given an argument for it.

 

[ihopehefails]

ihhf, that's a hoot. Want to expand on your conclusion, because you sure haven't given an argument for it.

Its pretty simple because a government incapable of passing any laws is incapable of hindering you from doing the things you want to do. Its when the government passes a law that it restricts some free action that you could do before that law was ever passed hence the expansion of government power is the destruction of freedom.

 

[JakeStarkey]

That, ihhf, is called the social compact, and you are bound by it whether or not you like it. Individuals and groups give up some liberties in return for collective freedom. You are mistaking the differences between liberty and freedom.

 

[ihopehefails]

That, ihhf, is called the social compact, and you are bound by it whether or not you like it. Individuals and groups give up some liberties in return for collective freedom. You are mistaking the differences between liberty and freedom.

I do not. The only agreements I have ever agreed to were the ones I have made with other individuals such as agreeing to work for my boss for a wage and other things where agreements between two individuals who decide what they are going to do in life. That is a true agreement because I chose to freely enter into it and did it because of my free will. In the so-called social compact there is no free will because you essentially made someone agree to something that they did not want to or else they would have done it themselves without the force of government.