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CDZ How do we fix the Supreme Court....

2aguy

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It has too much power....5, unelected, politically appointed lawyers decide which laws will effect 320 million people......

Any ideas on fixing this mess?

--term limits

--increase the size of the court

--over ride by congress...

--over ride by states

--changer their jurisdiction

This will be a moot point if hilary is elected...but it is a nice distraction from the vote count....
 

MisterBeale

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Well. . . I'm just one small person, with no power or interest in violence or politics of a more sinister nature. But if the opposition party really cared, they could do what the other side seems to be stooping to in order to change the culture of the nation. . . .

I don't usually go to this source, it's sort of a pandering source, like Mother Jones, HuffPo, or Breitbart, but the Wikileak email link is in there, so make of the few short tid-bits what you will. It's not much to go on. Wikileaks itself is CIA, so this internal Deep State civil war is probably something more serious and long lasting then one simple presidential election.

:dunno:

DID WIKILEAKS UNCOVER A MURDER PLOT? – Podesta Documents Suggest Scalia Assassination
DID WIKILEAKS UNCOVER A MURDER PLOT? - Podesta Documents Suggest Scalia Assassination
 

I amso IR

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It is 9:25 pm where I sit. I have no real answer, except, Mr. Trump currently appears to be on the verge of winning the Presidency. He just won Wisconsin. I feel the change to the Supreme Court is beginning to get underway. If Trump does not speak with a forked tongue, the Court will change. Sit tight for an hour or so and you will have the answer.
 

william the wie

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It is 9:25 pm where I sit. I have no real answer, except, Mr. Trump currently appears to be on the verge of winning the Presidency. He just won Wisconsin. I feel the change to the Supreme Court is beginning to get underway. If Trump does not speak with a forked tongue, the Court will change. Sit tight for an hour or so and you will have the answer.
It's now two hours later and Trump has something like 12 ways to 269+ so it is likely he will win but in order to fix the SC declare then pets by executive order and take them to the vet.
 

Boss

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It has too much power....5, unelected, politically appointed lawyers decide which laws will effect 320 million people......

Any ideas on fixing this mess?

--term limits

--increase the size of the court

--over ride by congress...

--over ride by states

--changer their jurisdiction

This will be a moot point if hilary is elected...but it is a nice distraction from the vote count....


Term limits and override by 2/3 of states.

I would limit their terms to 12 years. With 9 justices, you could stagger them so 3 retire every four years. The president would always have three court picks.

With ratification of the 17th Amendment, we weakened the power of the states. This measure would help to restore vital state interest in the process of government.

I wouldn't change anything else about the court.
 

Picaro

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It has too much power....5, unelected, politically appointed lawyers decide which laws will effect 320 million people......

Any ideas on fixing this mess?

--term limits

--increase the size of the court

--over ride by congress...

--over ride by states

--changer their jurisdiction

This will be a moot point if hilary is elected...but it is a nice distraction from the vote count....

Yes, definitely term limits or at least a maximum age requirement, say 65, and most definitely judicial review mechanisms, and Congressional override. But, Congress has been shoving it responsibilities off on the SC, not the other way around, so Congress is where the real problem lies; the SC is not supposed to have the power to act as a super legislature, and never was supposed to have that power, even under Marbury/Madison, and that goes for the Federal judiciary in general, not just the SC.

And, with so many cases to hear, they should have a larger bench, say 15 to 18; it's bigger country now, and a bigger workload now.
 

Picaro

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A post I made in the Court forum ....

Made the best early case for restricting the reach of the SC and keeping it from become a super legislature, as it is now, and a disaster. He influenced a variety of SC Justices, like Brandeis, Frankfurter, and Holmes.

A link to his most well known article here at Archive.org; there are better copies on Jstor, but a link to those wouldn't work here:

The Origin and Scope of the American Doctrine of Constitutional Law

by James Bradley Thayer

Published 1893

The Origin and Scope of the American Doctrine of Constitutional Law : James Bradley Thayer : Free Download & Streaming : Internet Archive

A decent synopsis of the issues involved in the modern era, and the abuses.

The Rise and Fall of Judicial Review, Richard A. Posner


http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=1000&context=californialawreview


While Brandeis and Frankfurter are noted for their 'judical activism' re social issues of their day, particularly against 'big business', they were also mostly against 'big government' as well in many of their rulings and dissents. For my part, I can't really come up with anything 'ideal', as is the case with most things of a political nature, and don't think there is an 'ideal' fix for anything, really, except of course making me Emperor and Pharaoh.
 

I amso IR

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It is now 02:15 am where I sit. Much of the power of the State's has been usurped by Washington. The State's are the backbone of the Nation. It is time to renew State's rights and responsibility. The people want to be heard and respected and most importantly not lied to. Central Government is a great idea, whose current size has become a glutenous monster. States Rights are the citizens rights, not Federal Rights. Term limits on the Federal Legislature are a good thing. From that point of view, the Supreme Court is far to powerful in it's decisions. The people of the individual States should the the Supreme Court for that particular State.
 

Toronado3800

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States? I was born in the 20th century so the thought of states as anything more than are code boundaries is alien to me. All I ever hear is rural this state vs urban same state and how they don't get along.

Term limits for the Supreme Court....20 years and stagger it? 30 years? I like small changes more than large ones. The country seemed precarious for a bit in 2007-2009 but really isn't bad right now.
 

OldLady

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I don't think there's anything wrong with the Supreme Court as it is. It was conceived as apolitical, and it should as much as possible remain that way. I oppose any efforts to make it a more political animal. There are enough of those already.
The only thing that needs "fixing" is the attitude of the senators that refused to fill Scalia's vacancy for purely political reasons. I hope the message gets through that it wasn't popular and that it doesn't set a precedent for both sides.
Let the lawyers do their thing interpreting the Constitution and accept their careful reasoning.
Political hands OFF.
 

esthermoon

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There's one thing I really don't understand about the Supreme Court of the USA is this: why are they appointed for life?
Maybe a term limit should be better
I found out many other countries have a Supreme Court or a Constitutional Court but always with life terms for all the judges :)
 

WorldWatcher

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There's one thing I really don't understand about the Supreme Court of the USA is this: why are they appointed for life?
Maybe a term limit should be better
I found out many other countries have a Supreme Court or a Constitutional Court but always with life terms for all the judges :)

The lifetime appointment was made in an attempt to insulate the functioning and the decisions of the court from influence to include: mob mentality, political, and to remove persons on the bench because Congress disagreed with a particular decision.

Also, in 1789 a "lifetime" appointment wasn't as long as it is today with modern health care resulting in (on average) longer lives.



Hope that helps.


>>>>
 

OldLady

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There's one thing I really don't understand about the Supreme Court of the USA is this: why are they appointed for life?
Maybe a term limit should be better
I found out many other countries have a Supreme Court or a Constitutional Court but always with life terms for all the judges :)
Because it is NOT supposed to be political in nature. If you're smart enough to be a justice, you're smart enough for life. Presumably.
 
OP
2aguy

2aguy

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I don't think there's anything wrong with the Supreme Court as it is. It was conceived as apolitical, and it should as much as possible remain that way. I oppose any efforts to make it a more political animal. There are enough of those already.
The only thing that needs "fixing" is the attitude of the senators that refused to fill Scalia's vacancy for purely political reasons. I hope the message gets through that it wasn't popular and that it doesn't set a precedent for both sides.
Let the lawyers do their thing interpreting the Constitution and accept their careful reasoning.
Political hands OFF.

I hope the message gets through that it wasn't popular and that it doesn't set a precedent for both sides.


Yes, it was so unpopular we elected a Republican President, with a Republican senate to fill the seat.......And the democrats did it first.....
 

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