RollingThunder
Gold Member
- Mar 22, 2010
- 4,818
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Lie'n Ryan spouted a lot of the usual rightwing misdirection, spin, and factually incorrect statements (lies), but one thing he said at the end of the debate really caught my attention. In talking about abortion, he said that a bunch of "unelected judges" shouldn't be deciding these issues but rather it should be a "democratic process", perhaps at the state level. This kind of statement is very much part of the overall Republican agenda of trying to castrate the courts and pervert their independence from temporary political majorities. The founders of this country, in their efforts to avoid having their new government deteriorate into a tyranny, had the wisdom to set up in our Constitution a system of government that fundamentally has three independent and separate branches of government that function together cooperatively while still (hopefully) serving our nation as a protective system of 'checks and balances' on each other. Judges should be "unelected" (and they mostly are), and they are supposed to be deciding issues of law based only on the existing legal system and ultimately the Constitution, free from partisan political considerations or pressures. The Supreme Court is supposed to be examining existing laws that are being challenged as to their constitutionality. That is a big part of their Constitutionally defined job within our basic system of government - keeping legislatures and the executive branch from infringing on the inherent Constitutional rights that Americans enjoy. The Court, those "unelected judges", are doing just what the American Founding Fathers intended that they should be doing when they uphold the inherent rights of the people and the rights of minorities. The radical right wing hates that. They don't want some little piece of paper standing in their way to either increasing corporate profits and power at the expense of the American people and our nation or enshrining their own peculiar moral/sexual prejudices and preferences into law. So they talk about "unelected judges" as if that was a bad thing. This really comes down to a treasonous attack on our basic Constitutional separation of powers that tends to keep naked power grabs or temporary wild partisan insanity somewhat in check in the executive and legislative branches. The corporate sponsored radical rightwing hates government regulations that get in the way of profits so, as their own public statements over the years show quite clearly, their real goal is to dismantle or "starve" out of existence most of the functional parts of the federal government. Or at least the ones serving the people and keeping the exploiters and polluters somewhat in check. The radical right/corporatists/plutocrats that Romney and Ryan are fronting for, would, of course, keep increasing funding for the military, the police (lots more anti-abortion enforcement cops spying on everyone's personal life, if Romoney is elected) and more and more (and more) prisons, but everything else that the government does to protect the environment and ensure the safety of our water supplies and curb air pollution, etc., and to help and protect the poor, the middle class, the elderly, the sick, or anyone else worth less than a couple of million dollars, would be cut out to supposedly "balance the budget". These greedy fools would be the ruination of this country.
Years ago, someone brought a case (Roe vs: Wade) regarding abortion all the way to the Supreme Court. Their decision was not based on how popular it would be but rather on whether or not the laws banning abortion infringed on a woman's fundamental constitutional right to privacy and control over her own body. They decided that these anti-abortion laws on any level, federal or state, violated basic Constitutional rights and that the government should keep out of it and leave the matter to the woman and her doctor. The radical right wing leadership, even though they don't give two hoots about human life at any stage, let alone embryos, have used a twisted emotionalized version of the abortion issue to grab Catholics and fundamentalists who have been misled into thinking that this is an important issue and convince them to vote against their own clear best interests by voting for Republicans. Now they are trying to use the abortion issue as another emotional wedge to attack the already shaky independence of the judicial system. So-called "unelected judges" have been the American people's best defense against the depredations of big business and the excesses of the other branches of government for two centuries but they are now under serious attack by the treasonous power junkies on the far right.
The Three Branches Of Government
The Free Dictionary - Legal Dictionary
(excerpts)
The division of state and federal government into three independent branches.
The first three articles of the U.S. Constitution call for the powers of the federal government to be divided among three separate branches: the legislative, the executive, and the judiciary branch. Under the separation of powers, each branch is independent, has a separate function, and may not usurp the functions of another branch. However, the branches are interrelated. They cooperate with one another and also prevent one another from attempting to assume too much power. This relationship is described as one of checks and balances, where the functions of one branch serve to contain and modify the power of another. Through this elaborate system of safeguards, the Framers of the Constitution sought to protect the nation against tyranny.
Under the separation of powers, each branch of government has a specific function. The legislative branch—the Congress—makes the laws. The executive branch—the president—implements the laws. The judiciary—the court system—interprets the laws and decides legal controversies. The system of federal taxation provides a good example of each branch at work. Congress passes legislation regarding taxes. The president is responsible for appointing a director of the Internal Revenue Service to carry out the law through the collection of taxes. The courts rule on cases concerning the application of the tax laws.
Under the system of checks and balances, each branch acts as a restraint on the powers of the other two. The president can either sign the legislation of Congress, making it law, or Veto it. The Congress, through the Senate, has the power of advise and consent on presidential appointments and can therefore reject an appointee. The courts, given the sole power to interpret the Constitution and the laws, can uphold or overturn acts of the legislature or rule on actions by the president. Most judges are appointed, and therefore Congress and the president can affect the judiciary. Thus at no time does all authority rest with a single branch of government. Instead, power is measured, apportioned, and restrained among the three government branches. The states also follow the three-part model of government, through state governors, state legislatures, and the state court systems.
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.)
Years ago, someone brought a case (Roe vs: Wade) regarding abortion all the way to the Supreme Court. Their decision was not based on how popular it would be but rather on whether or not the laws banning abortion infringed on a woman's fundamental constitutional right to privacy and control over her own body. They decided that these anti-abortion laws on any level, federal or state, violated basic Constitutional rights and that the government should keep out of it and leave the matter to the woman and her doctor. The radical right wing leadership, even though they don't give two hoots about human life at any stage, let alone embryos, have used a twisted emotionalized version of the abortion issue to grab Catholics and fundamentalists who have been misled into thinking that this is an important issue and convince them to vote against their own clear best interests by voting for Republicans. Now they are trying to use the abortion issue as another emotional wedge to attack the already shaky independence of the judicial system. So-called "unelected judges" have been the American people's best defense against the depredations of big business and the excesses of the other branches of government for two centuries but they are now under serious attack by the treasonous power junkies on the far right.
The Three Branches Of Government
The Free Dictionary - Legal Dictionary
(excerpts)
The division of state and federal government into three independent branches.
The first three articles of the U.S. Constitution call for the powers of the federal government to be divided among three separate branches: the legislative, the executive, and the judiciary branch. Under the separation of powers, each branch is independent, has a separate function, and may not usurp the functions of another branch. However, the branches are interrelated. They cooperate with one another and also prevent one another from attempting to assume too much power. This relationship is described as one of checks and balances, where the functions of one branch serve to contain and modify the power of another. Through this elaborate system of safeguards, the Framers of the Constitution sought to protect the nation against tyranny.
Under the separation of powers, each branch of government has a specific function. The legislative branch—the Congress—makes the laws. The executive branch—the president—implements the laws. The judiciary—the court system—interprets the laws and decides legal controversies. The system of federal taxation provides a good example of each branch at work. Congress passes legislation regarding taxes. The president is responsible for appointing a director of the Internal Revenue Service to carry out the law through the collection of taxes. The courts rule on cases concerning the application of the tax laws.
Under the system of checks and balances, each branch acts as a restraint on the powers of the other two. The president can either sign the legislation of Congress, making it law, or Veto it. The Congress, through the Senate, has the power of advise and consent on presidential appointments and can therefore reject an appointee. The courts, given the sole power to interpret the Constitution and the laws, can uphold or overturn acts of the legislature or rule on actions by the president. Most judges are appointed, and therefore Congress and the president can affect the judiciary. Thus at no time does all authority rest with a single branch of government. Instead, power is measured, apportioned, and restrained among the three government branches. The states also follow the three-part model of government, through state governors, state legislatures, and the state court systems.
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.)
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