Dean: Schiavo Case to Be Used Against GOP

[dilloduck]

That seems more akin to what the dems are doing in refusing to "consent" to the appointment of the president's nominees, the effect being to stack the courts in favor of a political stance. I think the public was correct in fdr's case.

I came up with this in the US COnstitution, Article 1, section 8, clause 9, which gives Congress the power to constitute tribunals inferior to the Supreme Court, and Article 3, section 1, which says that Congress can ordain and establish inferior courts. I was referring to the court structure, not individual judges. This, Congress (not the president) has the power to rearrange (not necessarily to abolish, although if they could find a right to consentual sodomy in the Constitution, I don't think it's as far a stretch to turn "establish and ordain" into "abolish.")

this would require partisan cooperation----fat chance.

 

[Avatar4321]

So they could have simply taken away the courts jurisdiction in the Schiavo case?

That wouldn't really effect the State courts. It would just effect the federal courts.

 

[Nienna]

As for the courts and Texas laws, the Texas legislature certainly could have tried alternative legislation, which is where their power really lies. Problem is, they knew this would go to SCOTUS, 4th Amendment. Someone calling the police because they are interested in your bedroom antics and the police act upon it, well what did you expect?

This is true. Perhaps Roe would have been a better example?

 

[dilloduck]

That wouldn't really effect the State courts. It would just effect the federal courts.

the feds refused to hear the case--could congress have disbanded them right then and there?

 

[Annie]

This is true. Perhaps Roe would have been a better example?

Roe needs to be overturned by appeal. It's SCOTUS, that court cannot be abolished. Which is where the FDR example was apropos.

 

[musicman]

Just a little tidbit from DU, lest we forget who we're dealing with here:

A DU member, apparently buoyed by the Democrat "victory" in the Schiavo case, posted this thread:

"Is it just me or are the Dems getting their act together?"

One of their geniuses replied:

"Not just you. I'm disgusted by the 'softening the abortion rhetoric' misogony, but am willing to go with it for now...despite my revulsion...UNTIL THOSE GODDAMN NEOCONS ARE SITTING IN THE HAGUE."

So telling on so many levels....

 

[Nienna]

Roe needs to be overturned by appeal. It's SCOTUS, that court cannot be abolished. Which is where the FDR example was apropos.

I'm not following...

 

[dilloduck]

I'm not following...

I'm guessing the point is that states may want to make certain laws but if they violate the Constitution as inertpreted by Scotus it's an execrcise in futility.

 

[5stringJeff]

So they could have simply taken away the courts jurisdiction in the Schiavo case?

Yes. The lower courts operate at the discretion of Congress. Congress giveth, and Congress taketh away.

 

[dilloduck]

Yes. The lower courts operate at the discretion of Congress. Congress giveth, and Congress taketh away.

Well take THAT Mr. Dean------I think that by not doing so the administration operated with a lot of restraint and may have actually failed to use power much less abuse it.

 

[Annie]

I'm not following...

Roe was a precedent setting case, problem was it wasn't based on law.

http://www.usmessageboard.com/forums/showthread.php?p=268383#post268383

They need to get a case to SCOTUS, then hope that cert will be granted.

 

[SmarterThanYou]

Yes. The lower courts operate at the discretion of Congress. Congress giveth, and Congress taketh away.

you are referring to federal courts, not states courts, is that correct?

 

[5stringJeff]

you are referring to federal courts, not states courts, is that correct?

Yes, absoutely.

 

[SmarterThanYou]

Yes, absoutely.

ok, i'm on the same page then.

 

[archangel]

I stand corrected, thank you. Congress can pass a law but the courts rule if they are enforceable or not. After the selection process, the other 2 branches have very little authority over the judicial branch.

:read: Congress has the authority to make pass and amend bills related to federal courts including the Supreme Court...For instance they could change the appointment to state for the term of the appointers term or could abolish appointments and make all federal judges elected officials...this would give the electorate some control over out of control judges...humm...just food for thought!

 

[Avatar4321]

the feds refused to hear the case--could congress have disbanded them right then and there?

Congress could disband every court except the Supreme Court in the federal system. That would create alot of chaos in the the federal judicial system though.

 

[Avatar4321]

Just a little tidbit from DU, lest we forget who we're dealing with here:

A DU member, apparently buoyed by the Democrat "victory" in the Schiavo case, posted this thread:

"Is it just me or are the Dems getting their act together?"

One of their geniuses replied:

"Not just you. I'm disgusted by the 'softening the abortion rhetoric' misogony, but am willing to go with it for now...despite my revulsion...UNTIL THOSE GODDAMN NEOCONS ARE SITTING IN THE HAGUE."

So telling on so many levels....

All its telling me is there is alot of hate on the left.

 

[Nienna]

Roe was a precedent setting case, problem was it wasn't based on law.

http://www.usmessageboard.com/forums/showthread.php?p=268383#post268383

They need to get a case to SCOTUS, then hope that cert will be granted.

Agreed.

My point in mentioning these things in conjunction with the Schiavo case is that it seems clear that her right to life (a federal right) was ignored. Since the case didn't go to the Supreme Court, Congress has some authority over the lower courts, and this authority ought to be utilized to reign in the oligarchical judiciary and try to prevent this from happening to other citizens.

 

[dilloduck]

Agreed.

My point in mentioning these things in conjunction with the Schiavo case is that it seems clear that her right to life (a federal right) was ignored. Since the case didn't go to the Supreme Court, Congress has some authority over the lower courts, and this authority ought to be utilized to reign in the oligarchical judiciary and try to prevent this from happening to other citizens.

Lets face it----our govt is lazy as hell

 

[Nienna]

Lets face it----our govt is lazy as hell

What was that?