Comments on: McCarthy to the Rescue, or: How to Deal With Judicial Oligarchy http://pajamasmedia.com/rogerkimball/2008/07/23/mccarthy-to-the-rescue-or-how-to-deal-with-judicial-oligarchy/ Fri, 27 Nov 2009 17:28:56 -0800 http://wordpress.org/?v=2.8.4 hourly 1 By: Michaelyi http://pajamasmedia.com/rogerkimball/2008/07/23/mccarthy-to-the-rescue-or-how-to-deal-with-judicial-oligarchy/comment-page-1/#comment-2840 Michaelyi Thu, 24 Jul 2008 18:12:07 +0000 http://pajamasmedia.com/rogerkimball/2008/07/23/mccarthy-to-the-rescue-or-how-to-deal-with-judicial-oligarchy/#comment-2840 Sigh. If only more people had recognized the wisdom of then-Representative Gerald Ford back when he advocated impeaching Chief Justice Earl Warren, our nation might not be in the grip of "rule by judges" today. When a legislator shrugs off the latest action of a state or federal high court with some statement that because a court has ruled nothing more can be done about the matter, the appropriate response is to ask the legislator what is holding up those articles of impeachment. Sigh. If only more people had recognized the wisdom of then-Representative Gerald Ford back when he advocated impeaching Chief Justice Earl Warren, our nation might not be in the grip of “rule by judges” today.

When a legislator shrugs off the latest action of a state or federal high court with some statement that because a court has ruled nothing more can be done about the matter, the appropriate response is to ask the legislator what is holding up those articles of impeachment.

]]> By: Michael Lonie http://pajamasmedia.com/rogerkimball/2008/07/23/mccarthy-to-the-rescue-or-how-to-deal-with-judicial-oligarchy/comment-page-1/#comment-2835 Michael Lonie Thu, 24 Jul 2008 04:25:40 +0000 http://pajamasmedia.com/rogerkimball/2008/07/23/mccarthy-to-the-rescue-or-how-to-deal-with-judicial-oligarchy/#comment-2835 The Constitution states that "In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make." (Article III, Section 2) How about if Congress passes the law they passed after Hamden with a clause stating that "The Supreme Court shall have no jurisdiction, original or appellate, over cases arising from the capture or holding of Prisoners of War, lawful or unlawful." Just wait until the USSC tries to stymie a popular Democratic President doing something wildly popular but really unconstitutional. He'll just ignore them, a la Andrew Jackson with the Indian Removal Cases. By then the Justices will have so thrown away their credibility by making stuff up that they'll be isolated. The Constitution states that “In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.” (Article III, Section 2)

How about if Congress passes the law they passed after Hamden with a clause stating that “The Supreme Court shall have no jurisdiction, original or appellate, over cases arising from the capture or holding of Prisoners of War, lawful or unlawful.”

Just wait until the USSC tries to stymie a popular Democratic President doing something wildly popular but really unconstitutional. He’ll just ignore them, a la Andrew Jackson with the Indian Removal Cases. By then the Justices will have so thrown away their credibility by making stuff up that they’ll be isolated.

]]> By: Steynian 207 « Free Mark Steyn! http://pajamasmedia.com/rogerkimball/2008/07/23/mccarthy-to-the-rescue-or-how-to-deal-with-judicial-oligarchy/comment-page-1/#comment-2834 Steynian 207 « Free Mark Steyn! Wed, 23 Jul 2008 22:49:44 +0000 http://pajamasmedia.com/rogerkimball/2008/07/23/mccarthy-to-the-rescue-or-how-to-deal-with-judicial-oligarchy/#comment-2834 [...] BEWARE OUR ROBED MASTERS– “McCarthy to the Rescue, or: How to Deal With Judicial Oligarchy” …. [...] [...] BEWARE OUR ROBED MASTERS– “McCarthy to the Rescue, or: How to Deal With Judicial Oligarchy” …. [...]

]]> By: Fresh Air http://pajamasmedia.com/rogerkimball/2008/07/23/mccarthy-to-the-rescue-or-how-to-deal-with-judicial-oligarchy/comment-page-1/#comment-2832 Fresh Air Wed, 23 Jul 2008 15:08:16 +0000 http://pajamasmedia.com/rogerkimball/2008/07/23/mccarthy-to-the-rescue-or-how-to-deal-with-judicial-oligarchy/#comment-2832 How is it possible that out of all the possible judges in this country that we end up with the four fools we have on the Supreme Court? Why is it that the U.S. Senate is populated with mentally deficient grandstanders? Are we so bereft of talent in America that it's come to this? When non-lawyers can quickly and easily grasp the abject stupidity of rulings such as this, how is it that Anthony Kennedy--with all his years of learning and experience--cannot? How is it possible that out of all the possible judges in this country that we end up with the four fools we have on the Supreme Court? Why is it that the U.S. Senate is populated with mentally deficient grandstanders? Are we so bereft of talent in America that it’s come to this? When non-lawyers can quickly and easily grasp the abject stupidity of rulings such as this, how is it that Anthony Kennedy–with all his years of learning and experience–cannot?

]]> By: Tim Sumner http://pajamasmedia.com/rogerkimball/2008/07/23/mccarthy-to-the-rescue-or-how-to-deal-with-judicial-oligarchy/comment-page-1/#comment-2831 Tim Sumner Wed, 23 Jul 2008 15:05:14 +0000 http://pajamasmedia.com/rogerkimball/2008/07/23/mccarthy-to-the-rescue-or-how-to-deal-with-judicial-oligarchy/#comment-2831 His is a plea for returning sanity to the debate over what rights to afford the enemy. Like millions of others, I hung up my uniform before September 11, 2001. While I lost both family and friends that day and will have my say, this is not my private war. Yet I believe all those who wore a military uniform in the past can provide important perspectives. Even though this is not “our war,” we owe it to all those who carry on in our stead. Let us tell our Nation of what we know and believe. These troops — all those who have fought this war and who will fight on — know full well of what they speak. We trust them with our lives and liberty; we must not now demand their silence. I respectfully ask every troop and old soldier to please sound off. His is a plea for returning sanity to the debate over what rights to afford the enemy.

Like millions of others, I hung up my uniform before September 11, 2001. While I lost both family and friends that day and will have my say, this is not my private war.

Yet I believe all those who wore a military uniform in the past can provide important perspectives. Even though this is not “our war,” we owe it to all those who carry on in our stead. Let us tell our Nation of what we know and believe.

These troops — all those who have fought this war and who will fight on — know full well of what they speak. We trust them with our lives and liberty; we must not now demand their silence.

I respectfully ask every troop and old soldier to please sound off.

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