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RE: Obama warns the Highest Court in the Land against &... - 4/4/2012 10:54:41 AM   
Hillwilliam


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quote:

ORIGINAL: Arturas


That is a Diversion. You have been watching MsNBC too long.

I am taxed for common defense spending if I work. I don't pay for defense spending if I don't work. The Founding Fathers provided taxation to finance the military for "the Common Defense" of us all. But not Obamacare. Not even mentioned. Nor are Contraceptives btw.

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Look what's mentioned right after "Provide for the common defense"

That's the preamble to the US constitution in case you weren't familiar with it.

_____________________________

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Whoever said "Religion is the opiate of the masses" never heard Right Wing talk radio.

Don't blame me, I voted for Gary Johnson.

(in reply to Arturas)
Profile   Post #: 61
RE: Obama warns the Highest Court in the Land against &... - 4/4/2012 10:57:02 AM   
Musicmystery


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quote:

ORIGINAL: Truthiness


quote:

ORIGINAL: Musicmystery

Because it's not one of the "talking points."

If sinking in were working, it would bother people a LOT that a Supreme Court Justice is repeating Republican talking points verbatim during oral arguments.


Only if you think those talking points are wrong. I disagree with the majority of talking points of both sides for most things, but this is one issue where I think the Republican "talking points" are pretty much on the nose.


No, that's not it.

When the political machine cracks out its imagery and taxonomy, and the Court parrots it--that's not deciding whether it's wrong...it's mouthing what got put into those mouths.


(in reply to Truthiness)
Profile   Post #: 62
RE: Obama warns the Highest Court in the Land against &... - 4/4/2012 11:12:35 AM   
Fightdirecto


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If every conservative/Right-Wing politician was locked up for "threatening the SCOTUS" by accusing them of "judicial activism" - the jails would be filled.

Just a few examples:

* Brown v Board of Education ending racial segregation in public schools - the Right screamed "judical activism".

* Loving v Virginia allowing interracial couples to marry - the Right screamed "judicial activism".

* Griswold v. Connecticut allowing married couples to purchase condoms and other birth control devices - the Right screamed "judicial activism".

* Reed v. Reed striking down an Idaho law giving fathers preference over mothers in the administration of children's estates - the Right screamed "judicial activism".

* EEOC v. Wyoming ruling that state and local governments cannot discriminate against employees and job applicants on the basis of their age - the Right screamed "judicial activism".

* Engel v. Vitale ending forced manadatory recitation of Protestant Christian prayers in public schools - the Right screamed "judicial activism".

< Message edited by Fightdirecto -- 4/4/2012 11:13:17 AM >


_____________________________

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Profile   Post #: 63
RE: Obama warns the Highest Court in the Land against &... - 4/4/2012 12:54:43 PM   
DomKen


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quote:

ORIGINAL: Arturas

Jeeze, are you kidding. Why would the Founding Fathers allow free men to be forced to buy something even if they did not want it? Think about it for a second and ignore BS about "commerce clauses".

The Founders did force everyone to buy something even if they didn't want it.

http://en.wikipedia.org/wiki/Militia_Acts_of_1792

(in reply to Arturas)
Profile   Post #: 64
RE: Obama warns the Highest Court in the Land against &... - 4/4/2012 2:31:49 PM   
farglebargle


Posts: 10715
Joined: 6/15/2005
From: Albany, NY
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quote:

President Obama:

With respect to health care, I’m actually -- continue to be confident that the Supreme Court will uphold the law. And the reason is because, in accordance with precedent out there, it’s constitutional. That's not just my opinion, by the way; that's the opinion of legal experts across the ideological spectrum, including two very conservative appellate court justices that said this wasn’t even a close case.

I think it’s important -- because I watched some of the commentary last week -- to remind people that this is not an abstract argument. People’s lives are affected by the lack of availability of health care, the inaffordability of health care, their inability to get health care because of preexisting conditions.

The law that's already in place has already given 2.5 million young people health care that wouldn’t otherwise have it. There are tens of thousands of adults with preexisting conditions who have health care right now because of this law. Parents don't have to worry about their children not being able to get health care because they can't be prevented from getting health care as a consequence of a preexisting condition. That's part of this law.

Millions of seniors are paying less for prescription drugs because of this law. Americans all across the country have greater rights and protections with respect to their insurance companies and are getting preventive care because of this law.

So that’s just the part that's already been implemented. That doesn’t even speak to the 30 million people who stand to gain coverage once it’s fully implemented in 2014.

And I think it’s important, and I think the American people understand, and the I think the justices should understand, that in the absence of an individual mandate, you cannot have a mechanism to ensure that people with preexisting conditions can actually get health care. So there’s not only a economic element to this, and a legal element to this, but there’s a human element to this. And I hope that’s not forgotten in this political debate.

Ultimately, I’m confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress. And I'd just remind conservative commentators that for years what we’ve heard is, the biggest problem on the bench was judicial activism or a lack of judicial restraint -- that an unelected group of people would somehow overturn a duly constituted and passed law. Well, this is a good example. And I’m pretty confident that this Court will recognize that and not take that step.


< Message edited by farglebargle -- 4/4/2012 2:32:19 PM >


_____________________________

It's not every generation that gets to watch a civilization fall. Looks like we're in for a hell of a show.

ברוך אתה, אדוני אלוקינו, ריבון העולמים, מי יוצר צמחים ריחניים

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Profile   Post #: 65
RE: Obama warns the Highest Court in the Land against &... - 4/4/2012 3:58:25 PM   
fucktoyprincess


Posts: 2337
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FR

Historically, conservative Republican judges were not in favor of "judicial activism".

I think Obama was just appealing to those on the court who have written ad nauseum against judicial activism (e.g. Scalia) to say, if you really don't believe in judicial activism then you really, constitutionally, legally, should not overturn this legislation.

I don't think he meant this as any kind of "threat" agains the Supreme Court. I really think it was meant as a personal appeal to those on the court who are anti-judicial activism.

(But, of course, we know that the conservative justices on the court who are against judicial activism will have no difficulty simply hypocritically ignoring their own writings on the topic, and happily judicially activate away. Again, the hypocrisy of the right never ceases to amaze....)

_____________________________

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Profile   Post #: 66
RE: Obama warns the Highest Court in the Land against &... - 4/4/2012 4:40:35 PM   
PatrickG38


Posts: 338
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quote:

ORIGINAL: fucktoyprincess

FR

Historically, conservative Republican judges were not in favor of "judicial activism".

I think Obama was just appealing to those on the court who have written ad nauseum against judicial activism (e.g. Scalia) to say, if you really don't believe in judicial activism then you really, constitutionally, legally, should not overturn this legislation.

I don't think he meant this as any kind of "threat" agains the Supreme Court. I really think it was meant as a personal appeal to those on the court who are anti-judicial activism.

(But, of course, we know that the conservative justices on the court who are against judicial activism will have no difficulty simply hypocritically ignoring their own writings on the topic, and happily judicially activate away. Again, the hypocrisy of the right never ceases to amaze....)



Obviously, you are correct. The language was a bit awkward, but he was reminding them of their principles. It's cute they need reminding.

(in reply to fucktoyprincess)
Profile   Post #: 67
RE: Obama warns the Highest Court in the Land against &... - 4/4/2012 4:43:46 PM   
Arturas


Posts: 3245
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quote:

ORIGINAL: fucktoyprincess

FR

Historically, conservative Republican judges were not in favor of "judicial activism".

I think Obama was just appealing to those on the court who have written ad nauseum against judicial activism (e.g. Scalia) to say, if you really don't believe in judicial activism then you really, constitutionally, legally, should not overturn this legislation.

I don't think he meant this as any kind of "threat" agains the Supreme Court. I really think it was meant as a personal appeal to those on the court who are anti-judicial activism.

(But, of course, we know that the conservative justices on the court who are against judicial activism will have no difficulty simply hypocritically ignoring their own writings on the topic, and happily judicially activate away. Again, the hypocrisy of the right never ceases to amaze....)


Well. Of course "we" know no such thing.

The Supreme Court will only overturn this law if it is NOT Constitutional. So, if this is a Supreme Court acting improperly in your view then this law is indeed Constitutional.

Therefore, since you feel qualified to critique the Supreme Court and indeed suggest some members of that most High Court are hypocrites, then clearly you should be able to answer why is this law constitutional or conversely, why is the Court being "activist" rather than doing it's job of deciding on what is Constitutional? For your benefit, here are the articles that pertain to Congress and its power to obtain money from U.S. Citizens.

Which one supports the Obamacare mandate that requires each citizen to buy an insurance policy or pay a fine or go to jail and why?

Section 8, Article 1.
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

Section 8, Article 3.
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

< Message edited by Arturas -- 4/4/2012 5:26:57 PM >


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Profile   Post #: 68
RE: Obama warns the Highest Court in the Land against &... - 4/4/2012 4:52:53 PM   
Arturas


Posts: 3245
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quote:

ORIGINAL: Hillwilliam


quote:

ORIGINAL: Arturas


That is a Diversion. You have been watching MsNBC too long.

I am taxed for common defense spending if I work. I don't pay for defense spending if I don't work. The Founding Fathers provided taxation to finance the military for "the Common Defense" of us all. But not Obamacare. Not even mentioned. Nor are Contraceptives btw.

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Look what's mentioned right after "Provide for the common defense"

That's the preamble to the US constitution in case you weren't familiar with it.

quote:

promote the general Welfare


I see "promote the general Welfare". Is this the clause you suggest I should look at? If so, why should I think "promote the general welfare" supports the mandate and Obamacare.

Note the wording. Carefully. Promote means "to encourage" in this context. "Encourage" does not mean "require". It does not mean "force". Obamacare forces citizens.

I appear to be familiar enough to counter your point easily.

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Profile   Post #: 69
RE: Obama warns the Highest Court in the Land against &... - 4/4/2012 5:07:35 PM   
outhere69


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quote:

ORIGINAL: Arturas

Jeeze, are you kidding. Why would the Founding Fathers allow free men to be forced to buy something even if they did not want it? Think about it for a second and ignore BS about "commerce clauses".

Medicare.
Social Security
Medicaid
Interstate Highway Maintenance

(in reply to Arturas)
Profile   Post #: 70
RE: Obama warns the Highest Court in the Land against &... - 4/4/2012 5:21:53 PM   
Arturas


Posts: 3245
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quote:

ORIGINAL: outhere69


quote:

ORIGINAL: Arturas

Jeeze, are you kidding. Why would the Founding Fathers allow free men to be forced to buy something even if they did not want it? Think about it for a second and ignore BS about "commerce clauses".

Medicare.
Social Security
Medicaid
Interstate Highway Maintenance



This impressive list is not relevant.

Why?
Because I'm not required to buy any of those. I can be born in America and live my life from birth to death without being required to buy any of those. I can pay taxes if I work and some of that will be used for these but that is not the same thing.

Why?
First, Pelosi made sure it (Obamacare mandate) was specifically described as not being a tax in the text of that Bill.
Second, the Mandate requires everyone to buy insurance or they pay penalties and may even be imprisoned. This is way different from a tax I pay that is Constitutional and only collected if I am engaged in an activity that is legally taxed.

So, this list is interesting but none of these are the same as the Obamacare mandate since they are taxes and the law specifically describes the Mandate as not being a tax.

Sorry.


< Message edited by Arturas -- 4/4/2012 5:24:22 PM >


_____________________________

"We master Our world."

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Profile   Post #: 71
RE: Obama warns the Highest Court in the Land against &... - 4/4/2012 5:37:54 PM   
farglebargle


Posts: 10715
Joined: 6/15/2005
From: Albany, NY
Status: offline
Did you ever try to get an employer to not take out FICA?

_____________________________

It's not every generation that gets to watch a civilization fall. Looks like we're in for a hell of a show.

ברוך אתה, אדוני אלוקינו, ריבון העולמים, מי יוצר צמחים ריחניים

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Profile   Post #: 72
RE: Obama warns the Highest Court in the Land against &... - 4/4/2012 5:57:15 PM   
fucktoyprincess


Posts: 2337
Status: offline

quote:

ORIGINAL: Arturas

quote:

ORIGINAL: fucktoyprincess

FR

Historically, conservative Republican judges were not in favor of "judicial activism".

I think Obama was just appealing to those on the court who have written ad nauseum against judicial activism (e.g. Scalia) to say, if you really don't believe in judicial activism then you really, constitutionally, legally, should not overturn this legislation.

I don't think he meant this as any kind of "threat" agains the Supreme Court. I really think it was meant as a personal appeal to those on the court who are anti-judicial activism.

(But, of course, we know that the conservative justices on the court who are against judicial activism will have no difficulty simply hypocritically ignoring their own writings on the topic, and happily judicially activate away. Again, the hypocrisy of the right never ceases to amaze....)


Well. Of course "we" know no such thing.

The Supreme Court will only overturn this law if it is NOT Constitutional. So, if this is a Supreme Court acting improperly in your view then this law is indeed Constitutional.

Therefore, since you feel qualified to critique the Supreme Court and indeed suggest some members of that most High Court are hypocrites, then clearly you should be able to answer why is this law constitutional or conversely, why is the Court being "activist" rather than doing it's job of deciding on what is Constitutional? For your benefit, here are the articles that pertain to Congress and its power to obtain money from U.S. Citizens.

Which one supports the Obamacare mandate that requires each citizen to buy an insurance policy or pay a fine or go to jail and why?

Section 8, Article 1.
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

Section 8, Article 3.
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;


I do not "feel" anything. Scalia has done it before, and he will do it again. He is the ultimate hypocrite when it comes to writing about one thing and then acting on the court in a completely opposite way when it suits him. This isn't about how I "feel". This is about reality.

_____________________________

~ ftp

(in reply to Arturas)
Profile   Post #: 73
RE: Obama warns the Highest Court in the Land against &... - 4/4/2012 7:53:49 PM   
xssve


Posts: 3589
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quote:

ORIGINAL: PatrickG38

The Supreme Court is not immune from sharp criticism and this Court well deserves it. Lincoln (before becoming President) excoriated the Supreme Court for Dred Scot. TO strike down this mandate would be fairly naked political act in the footsteps of other such acts, Bush v. Gore, Citizen’s United. I still expect a 5-4 or 6-3 decision upholding the law. Nevertheless, to throw out a democratically enacted piece of legislation meant to address a national problem that is fundamentally an exercise of the taxing power would be most activist. Conservatives used to believe elections have consequences. By the way criticism of this Court is bipartisan. Just listen to John McCain on Citizens United.

Absolutely: given all the other shit SCOTUS has pushed through the last decade or so, if they reject this, it's pretty strong evidence of "judicial activism", defined as nakedly partisan, one eyed man with a limp law.

The Court makes law, that isn't judicial activism, it's how courts work, but they are held to a rule of law standard, you can't pick and choose who the law will apply to, in principle or praxis.

Of course even in the short wake of Citizens United, it's becoming increasingly clear that law is whatever corporate lobbyists want it to be.

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Profile   Post #: 74
RE: Obama warns the Highest Court in the Land against &... - 4/4/2012 9:45:12 PM   
DomKen


Posts: 19457
Joined: 7/4/2004
From: Chicago, IL
Status: offline

quote:

ORIGINAL: Arturas

Therefore, since you feel qualified to critique the Supreme Court and indeed suggest some members of that most High Court are hypocrites, then clearly you should be able to answer why is this law constitutional or conversely, why is the Court being "activist" rather than doing it's job of deciding on what is Constitutional? For your benefit, here are the articles that pertain to Congress and its power to obtain money from U.S. Citizens.


I've answered those questions several times and you've studiously avoided responding.

How about you simply acknowledge the Founders certainly believed they could force all Americans to engage in specific commerce.

(in reply to Arturas)
Profile   Post #: 75
RE: Obama warns the Highest Court in the Land against &... - 4/6/2012 11:45:04 AM   
Arturas


Posts: 3245
Status: offline

quote:

ORIGINAL: fucktoyprincess


quote:

ORIGINAL: Arturas

quote:

ORIGINAL: fucktoyprincess

FR

Historically, conservative Republican judges were not in favor of "judicial activism".

I think Obama was just appealing to those on the court who have written ad nauseum against judicial activism (e.g. Scalia) to say, if you really don't believe in judicial activism then you really, constitutionally, legally, should not overturn this legislation.

I don't think he meant this as any kind of "threat" agains the Supreme Court. I really think it was meant as a personal appeal to those on the court who are anti-judicial activism.

(But, of course, we know that the conservative justices on the court who are against judicial activism will have no difficulty simply hypocritically ignoring their own writings on the topic, and happily judicially activate away. Again, the hypocrisy of the right never ceases to amaze....)


Well. Of course "we" know no such thing.

The Supreme Court will only overturn this law if it is NOT Constitutional. So, if this is a Supreme Court acting improperly in your view then this law is indeed Constitutional.

Therefore, since you feel qualified to critique the Supreme Court and indeed suggest some members of that most High Court are hypocrites, then clearly you should be able to answer why is this law constitutional or conversely, why is the Court being "activist" rather than doing it's job of deciding on what is Constitutional? For your benefit, here are the articles that pertain to Congress and its power to obtain money from U.S. Citizens.

Which one supports the Obamacare mandate that requires each citizen to buy an insurance policy or pay a fine or go to jail and why?

Section 8, Article 1.
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

Section 8, Article 3.
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;


I do not "feel" anything. Scalia has done it before, and he will do it again. He is the ultimate hypocrite when it comes to writing about one thing and then acting on the court in a completely opposite way when it suits him. This isn't about how I "feel". This is about reality.


I see. So, it does not matter if Scalia is right this time it is simply that he was a "judical activist" before in your opinion an so he is doing it now even though he is right. Or, you actually think he is an activist and can actually point to the Consitutional Artical that he is missusing and how. Or you cannot and are just blowing smoke.

_____________________________

"We master Our world."

(in reply to fucktoyprincess)
Profile   Post #: 76
RE: Obama warns the Highest Court in the Land against &... - 4/6/2012 11:48:39 AM   
mnottertail


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Joined: 11/3/2004
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And you are proving he will, especially in light of the 1867 anti injunction act, if they reason beyond it?

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Profile   Post #: 77
RE: Obama warns the Highest Court in the Land against &... - 4/6/2012 2:21:30 PM   
DomKen


Posts: 19457
Joined: 7/4/2004
From: Chicago, IL
Status: offline

quote:

ORIGINAL: fucktoyprincess


quote:

ORIGINAL: Arturas

quote:

ORIGINAL: fucktoyprincess

FR

Historically, conservative Republican judges were not in favor of "judicial activism".

I think Obama was just appealing to those on the court who have written ad nauseum against judicial activism (e.g. Scalia) to say, if you really don't believe in judicial activism then you really, constitutionally, legally, should not overturn this legislation.

I don't think he meant this as any kind of "threat" agains the Supreme Court. I really think it was meant as a personal appeal to those on the court who are anti-judicial activism.

(But, of course, we know that the conservative justices on the court who are against judicial activism will have no difficulty simply hypocritically ignoring their own writings on the topic, and happily judicially activate away. Again, the hypocrisy of the right never ceases to amaze....)


Well. Of course "we" know no such thing.

The Supreme Court will only overturn this law if it is NOT Constitutional. So, if this is a Supreme Court acting improperly in your view then this law is indeed Constitutional.

Therefore, since you feel qualified to critique the Supreme Court and indeed suggest some members of that most High Court are hypocrites, then clearly you should be able to answer why is this law constitutional or conversely, why is the Court being "activist" rather than doing it's job of deciding on what is Constitutional? For your benefit, here are the articles that pertain to Congress and its power to obtain money from U.S. Citizens.

Which one supports the Obamacare mandate that requires each citizen to buy an insurance policy or pay a fine or go to jail and why?

Section 8, Article 1.
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

Section 8, Article 3.
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;


I do not "feel" anything. Scalia has done it before, and he will do it again. He is the ultimate hypocrite when it comes to writing about one thing and then acting on the court in a completely opposite way when it suits him. This isn't about how I "feel". This is about reality.

Heller v DC is the best example. He spends better than half the decision trying to handwave away better than a century of precedent.

(in reply to fucktoyprincess)
Profile   Post #: 78
RE: Obama warns the Highest Court in the Land against &... - 4/6/2012 2:34:32 PM   
DomKen


Posts: 19457
Joined: 7/4/2004
From: Chicago, IL
Status: offline

quote:

ORIGINAL: Arturas
I see. So, it does not matter if Scalia is right this time it is simply that he was a "judical activist" before in your opinion an so he is doing it now even though he is right. Or, you actually think he is an activist and can actually point to the Consitutional Artical that he is missusing and how. Or you cannot and are just blowing smoke.

I can point to the Constitutional Article.

To start with the Commerce clause is not limited. Then we examine more than 200 years of precedent starting with the Militia Act of 1792. Finally we turn to Scalia's concurence in Gonzales v Raich where he argues at length that the Necessary and Proper clause combined with the commerce clause gives Congress the power to forbid a purely intrastate commerce. Since that is what the mandte does it is simply impossible for Scalia to be honest in his application of the law and vote to overturn the ACa in part or in whole.

(in reply to Arturas)
Profile   Post #: 79
RE: Obama warns the Highest Court in the Land against &... - 4/6/2012 3:32:00 PM   
farglebargle


Posts: 10715
Joined: 6/15/2005
From: Albany, NY
Status: offline
Gonzales v. Raich is the rope he's hanging himself with. Must suck to have an aide saying to you, "This is counter to your published opinion just a few years ago, right? "

There is NO WAY the supreme court is going to put the DEA out of business.

_____________________________

It's not every generation that gets to watch a civilization fall. Looks like we're in for a hell of a show.

ברוך אתה, אדוני אלוקינו, ריבון העולמים, מי יוצר צמחים ריחניים

(in reply to DomKen)
Profile   Post #: 80
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