Three branches

txswinner

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Apr 24, 2005
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What do we think? House passes a bill that prohibits the US Supreme Court from ruling on the Constitutionality of the pledge. I thought the whole purpose of 3 branches was so they could check and balance. If Congress can pass a law that takes away power of another branch where does that lead? I know what I think how about you.
 

aspeck

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May 29, 2003
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Re: Three branches

I don't like Congress being able to tell the judiciary what to do, but I don't like activist judges manipulating the laws to make precident what THEY believe ought to be.

So, we are at a deadlock, with both branches trying to outdo the other. How can we best resolve it? Unfortunately I have more questions than answers.
 

PW2

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Apr 21, 2004
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2,719
Re: Three branches

If an individual state court rules to take "under God" out of the pledge, the Supreme court can't overrule it, under this law.

I don't think Congress can pass a law excluding a potential review by SCOTUS. I believe it is unconstitutional by definition.
 

bekosh

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Apr 27, 2004
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Re: Three branches

This is part of the checks and balances.
Article III
Section 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.

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.

The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.
 

Boomyal

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Aug 16, 2003
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Re: Three branches

"both as to law and fact, with such exceptions, and under such regulations as the Congress shall make."

A fact that is conveniently overlooked by those that have come to rely on the Supreme Court to legislate that which they were not able to to get by traditional legislative methods!
 

txswinner

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Apr 24, 2005
Messages
2,326
Re: Three branches

It just scares me the whole idea of power hunger by these people. Me thinks it is time to clean house, and I mean all of them. Get them back to representing the people.
 

LFK

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Sep 7, 2005
Messages
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Re: Three branches

txswinner said:
It just scares me the whole idea of power hunger by these people. Me thinks it is time to clean house, and I mean all of them. Get them back to representing the people.

You'd have to get the people in power to agree to give up that power for that to happen. It ain't gonna happen. :/
 

Boomyal

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Aug 16, 2003
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Re: Three branches

txswinner said:
It just scares me the whole idea of power hunger by these people. Me thinks it is time to clean house, and I mean all of them. Get them back to representing the people.

Who are you referring to Txs?
 

txswinner

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Apr 24, 2005
Messages
2,326
Re: Three branches

Let's start with the congress and then the white house but guess we are stuck with the SC til they die out. When the plumbing is bad it is time to clean it all the way out.
 
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