MrRodgers
Posts: 10542
Joined: 7/30/2005 Status: offline
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quote:
ORIGINAL: joether quote:
ORIGINAL: Thegunnysez quote:
Actually, the GOP screams about any part of the Constitution being changed outside of the only Constitutional way to change the Constitution. They may rail at a liberal change to the Constitution via amendment, but the railing will be at the change, and not the method. They accuse the Democrats and the President of changing the Constitution via EO's and/or other non-Amendment methods, and they rail at the changes being attempted. Doesn't the SCOTUS have the authority to say what the constitution means? Actually it doesn't. It can rule over the interpretation of previous examinations of law and the Constitution. They are not allowed to reinterpret those laws. Nor are the lower courts allowed to do this. Its often interpreted by 'Low Information Voters' as 'activist judges'. The courts are held to the law by both the writing of the law and the spirit to which it was written. Ever notice we have so many issues with the 1st, 2nd, 4th, 5th, 6th, and 8th amendments but not many problems with the last eight on the books? We as a nation got better at defining amendments into reality. We recognize in part, that technology has placed a more greater role in law (the speed of technological changes) than it took place in the late 18th century. However, while technology can change how laws are handled or used; the judges of the nation are beheld to the law itself. The concept of the Supreme Court was to be a bunch of individuals that served for a dozen to sixteen years on the federal bench before retiring or dying. Thanks to medical technology and usage, the age life of senior citizens is much greater in 2015 than in the late 18th century. As such we have individuals on the bench whom were put in place during the George Herbert Walker Bush administration; long before the youngest generation graduating from high school were born! Much of America has changed in that time period. Good and bad. Actually that's not true. Ever since Marbury v Madison where the court affirmed as in English law, the highest court of the land rules on the efficacy (constitutionality) of law, what it determines is the law of the land...is. As in ruling people were property and now cash is free speech. The former was the law of the land, the latter...is. The rest of your thread is really either in error or irrelevant to the issue. Ex: There were be lifetime and only 6 judges, then Adams created the lower courts and stacked them with federalists before Jefferson took office. (then teh SCOTUS got seven in 1807, nine in 1837, and ten in 1863) It made it down to 8 but then in 1869 was given 1 to make it 9 as it is today. None of which changes anything.
< Message edited by MrRodgers -- 8/19/2015 5:09:52 PM >
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