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Murgos
Oct 21, 2010

virtualboyCOLOR posted:

Point to location in the constitution or and amendment that grants specific and explicit powers to the Supreme Court?

Even in the most basic fundamental understanding of government, the judiciary has zero power without compliance by the executory wing of the government. The Supreme Court has no control of a massive police force or military.

This is absolutely factually incorrect. Where the constitution grants authority it also grants all powers necessary to exercise that authority. This is not even a remotely able to be challenged concept.

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virtualboyCOLOR
Dec 22, 2004

Murgos posted:

This is absolutely factually incorrect. Where the constitution grants authority it also grants all powers necessary to exercise that authority. This is not even a remotely able to be challenged concept.

Cite your sources in the text please. Otherwise all your are doing is posting your personal feelings instead of using the information within the constitution.

The constitution plus amendments are VERY explicit on what powers they do and do not grant. In the case of powers given to the Supreme Court, the only power granted are to review cases and grant their opinion. The executive branch is not bound to those opinions. Again, if it were, it would have been clearly stated.

Bel Shazar
Sep 14, 2012

It's never correct to fetishize old slaver writings.

Ravenfood
Nov 4, 2011
Probation
Can't post for 12 hours!
"Um, excuse me, the constitution doesn't say the SCOTUS gets a police force to enforce its rulings so clearly the intent was that they just be purely advisory. "

This is nonsense, akin to arguing that because the 3rd amendment doesn't include a remedy or mechanism for enforcement that the government can quarter troops all they want because SCOTUS can't send their own troops down to kick them out.

Vahakyla
May 3, 2013

Bel Shazar posted:

It's never correct to fetishize old slaver writings.

It's not fetishization to realize that as enforcement of government's domestic affairs there's like the United States Postal Inspection Service that has it's authority from the get-go of the nation's history and NOTHING ELSE, and that maybe the people who wrote it didn't intend that everything else isn't allowed.

Vahakyla
May 3, 2013

Murgos posted:

This is absolutely factually incorrect. Where the constitution grants authority it also grants all powers necessary to exercise that authority. This is not even a remotely able to be challenged concept.

That's right. President's War Powers are well-litigated and understood and never left anything muddy.

tagesschau
Sep 1, 2006

D&D: HASBARA SQUAD
THE SPEECH SUPPRESSOR


Remember: it's "antisemitic" to protest genocide as long as the targets are brown.

virtualboyCOLOR posted:

The executive branch is not bound to those opinions.

Again, if you're talking about the power granted to it under the Constitution, this is just utterly, completely, and verifiably false. You might as well say that Joe Biden can kidnap "arrest" Kevin McCarthy until he agrees to raise or eliminate the debt ceiling (which the Fourteenth Amendment says doesn't actually exist, but...), but at that point, it would be clear that you do not actually believe in laws or want them to exist, so I'd have to wonder why you're engaging in debates about the legal system in the first place.

Harold Fjord
Jan 3, 2004
Joe Biden abusing the executive power in that way would certainly comparable to the way Republicans have abused theirs that all levels, scotus included

Groovelord Neato
Dec 6, 2014


In news that'll shock no one it turns out Thomas's patron is a big collector of Nazi memorabilia including a signed copy of Mein Kampf. Also has a garden full of statues of dictators.

https://twitter.com/zephoria/status/1644701758390927361?s=20

Groovelord Neato fucked around with this message at 16:24 on Apr 8, 2023

Evil Fluffy
Jul 13, 2009

Scholars are some of the most pompous and pedantic people I've ever had the joy of meeting.

tagesschau posted:

The most basic fundamental understanding of government includes understanding that any branch exceeding its constitutional authority, and refusing, perhaps by force, to be reined in, is a constitutional crisis.

You mean like the judiciary for the past several decades? Because the only way they're going to be brought to heel is by the other branches forcing them to do so (and I'd expect a SCOTUS ruling that the other 2 branches are wrong to do it).

tagesschau
Sep 1, 2006

D&D: HASBARA SQUAD
THE SPEECH SUPPRESSOR


Remember: it's "antisemitic" to protest genocide as long as the targets are brown.

Evil Fluffy posted:

You mean like the judiciary for the past several decades? Because the only way they're going to be brought to heel is by the other branches forcing them to do so (and I'd expect a SCOTUS ruling that the other 2 branches are wrong to do it).

The fact that they should be circumvented where they are making rulings that clearly deviate from the law does not mean that their making such rulings entitles the executive to disband them altogether. There's a vast gulf between "I have asked the Attorney General to investigate whether state-level officials who interfere with the delivery of FDA-approved medications across state lines through the mail are engaging in criminal activity" and "I'm pleased to tell you today that I've issued an executive order that will outlaw the Supreme Court forever; the arrests begin in five minutes."

Potato Salad
Oct 23, 2014

nobody cares


tagesschau posted:

"I'm pleased to tell you today that I've issued an executive order that will outlaw the Supreme Court forever; the arrests begin in five minutes."

Potato Salad
Oct 23, 2014

nobody cares


:hmmwrong: Pack the court

:hmmyes: Send the court packing

Cimber
Feb 3, 2014
Well, history has shown time and time again that when one faction starts bending the rules and doing things out of bad faith the other faction has to react. Specifically I'm thinking of the Late Roman Republic around the time of Marius and Sulla. Once the political norms started being broken each side was forced to do more and more extreme things to try to keep up. This ended with Sulla marching on Rome, installing himself dictator and proscribing his political enemies. I'd say the start of this turmoil began with the assassination of the Gracci.

Are we starting to see the similar things now in respect to the US courts, and other actions by the GOP? McConnel blocking tons of Obama judges, the destruction of the 'blue slips', packing the courts with extremists and venue shopping by GOP activists? Its not a coincidence that the advocacy group that brought about this abortion pill ban chose to file in Amarillo. Kacsmaryk is the only federal judge assigned to that town, so they knew they were going to get a judge who aligned with their beliefs.

Evil Fluffy
Jul 13, 2009

Scholars are some of the most pompous and pedantic people I've ever had the joy of meeting.
Kacsmaryk was suggested for the role because he'd be the default selection there as well, iirc. The FedSoc's decades of work is entering its final stages and they know that the amount of effort (and strife) it'd take to stop them at this point is far beyond what any electable Dem is willing to consider.

Cimber
Feb 3, 2014

Evil Fluffy posted:

Kacsmaryk was suggested for the role because he'd be the default selection there as well, iirc. The FedSoc's decades of work is entering its final stages and they know that the amount of effort (and strife) it'd take to stop them at this point is far beyond what any electable Dem is willing to consider.

There was a Vox article about how right wing advocasy groups are forum shopping to get all sorts of rulings they want. I might have seen it here earlier.

https://www.vox.com/policy-and-poli...tice-department

quote:

But the case assignments process in Texas is not functioning properly. Texas federal courts assign 100 percent of all cases filed in Amarillo to Kacsmaryk. They assign virtually all cases filed in Victoria to Tipton. That means that right-wing litigants can guarantee their lawsuit will be heard by an allied judge simply by filing their suit in one of these two cities.

To be fair, it’s far from clear that this system was set up for nefarious purposes — Texas is a big state with four federal judicial districts that each encompass hundreds of square miles. Assigning all cases filed in Amarillo to a judge who actually sits in Amarillo could save ordinary litigants from traveling hundreds of miles to a court hearing. But the practical impact of this guaranteed assignments system is that right-wing litigants from all over the country travel to places like Amarillo or Victoria to judge-shop.

And then, once these litigants’ hand-selected judge issues a nationwide injunction implementing whatever policy the litigants desired, the case moves up to the Fifth Circuit — where 12 of the court’s 17 active judgeships are held by Republican appointees, and where a good chunk of the judges share the same flexible approach to the law that conservative litigants receive from judges like Tipton or Kacsmaryk.

Murgos
Oct 21, 2010

Vahakyla posted:

That's right. President's War Powers are well-litigated and understood and never left anything muddy.

Not sure your point here but the constitution is clear how this works. It grants authority for a thing, like tax collection, and the legislature writes laws that control that thing unless they are specifically otherwise enumerated or forbidden.

It’s not controversial. The idea is that there is no power for the judiciary to to enforce their decisions is an absurdity that would end the country immediately.

It’s also not controversial to note that a lot of stuff in the constitution is contradictory or vague and has to be interpreted using reason and precedent.

Murgos fucked around with this message at 18:50 on Apr 8, 2023

Murgos
Oct 21, 2010

virtualboyCOLOR posted:

Cite your sources in the text please. Otherwise all your are doing is posting your personal feelings instead of using the information within the constitution.

The constitution plus amendments are VERY explicit on what powers they do and do not grant. In the case of powers given to the Supreme Court, the only power granted are to review cases and grant their opinion. The executive branch is not bound to those opinions. Again, if it were, it would have been clearly stated.

No, it’s actually not explicit at all.

Show me in the constitution where it creates an FBI? A CIA? Where does it say radio waves can be regulated? Paved roads? Build a space ship? C’mon man.

Cimber
Feb 3, 2014

Murgos posted:

No, it’s actually not explicit at all.

Show me in the constitution where it creates an FBI? A CIA? Where does it say radio waves can be regulated? Paved roads? Build a space ship? C’mon man.

Article 1, Section 8 covers all those abilities of congress. Specifically Clause 1, 3 and 8

Fell Fire
Jan 30, 2012


Cimber posted:

Article 1, Section 8 covers all those abilities of congress. Specifically Clause 1, 3 and 8

That's. . . not what explicit means. It may be implied that an intelligence agency is necessary to defend the United States, but there is no clause that says that.

Moreover, what makes radio waves commerce and not speech in this circumstance? If the government wanted to regulate the sound waves a person produces, could it do that?

None of those clauses gives the government the explicit authority to build anything. Under the interpretation you're arguing, I guess the government could build an ICBM, but not a space shuttle, unless it was going to arm it as well.

The Framers have massive issues and couldn't even agree on interpretations of the Constitution they themselves wrote, but in general they knew that if you try to define everything in one document that you also make difficult to change, then the whole thing falls apart. The Constitution being vague and implicit is a big reason why it's still around, for better and for worse.

Main Paineframe
Oct 27, 2010
If Biden tried to simply ignore a Supreme Court ruling, exactly the same thing would happen as if Trump had tried to ignore one: many of the largely nonpartisan career civil servants who would be tasked with actually implementing that order would refuse to cooperate with an order that had already been ruled unconstitutional.

It's all well and good to say that the executive branch should simply ignore the judicial branch, but the executive branch isn't just the president. It's a whole array of executive agencies and workers who are bound to obey legal orders given by the president according to the legitimate authority invested in him by the Constitution and US law. But unconstitutional orders don't carry that authority.

The intel agencies' rank-and-file might be willing to ignore that, but I highly doubt anyone at the FDA is eager to place their agency at the center of a constitutional crisis.

MooselanderII
Feb 18, 2004

Hmmm, maybe Biden shouldn't have messed up the hearings of a certain corupt supreme court justice...and 11 democrats not have voted to push him over the line.

SixFigureSandwich
Oct 30, 2004
Exciting Lemon

Main Paineframe posted:

If Biden tried to simply ignore a Supreme Court ruling, exactly the same thing would happen as if Trump had tried to ignore one: many of the largely nonpartisan career civil servants who would be tasked with actually implementing that order would refuse to cooperate with an order that had already been ruled unconstitutional.

It's all well and good to say that the executive branch should simply ignore the judicial branch, but the executive branch isn't just the president. It's a whole array of executive agencies and workers who are bound to obey legal orders given by the president according to the legitimate authority invested in him by the Constitution and US law. But unconstitutional orders don't carry that authority.

The intel agencies' rank-and-file might be willing to ignore that, but I highly doubt anyone at the FDA is eager to place their agency at the center of a constitutional crisis.

That chud judge already put the FDA at the center of a constitutional crisis by basically ruling that they don't actually have the power that Congress gave them.

Rodenthar Drothman
May 14, 2013

I think I will continue
watching this twilight world
as long as time flows.

Cimber posted:

Well, history has shown time and time again that when one faction starts bending the rules and doing things out of bad faith the other faction has to react. Specifically I'm thinking of the Late Roman Republic around the time of Marius and Sulla. Once the political norms started being broken each side was forced to do more and more extreme things to try to keep up. This ended with Sulla marching on Rome, installing himself dictator and proscribing his political enemies. I'd say the start of this turmoil began with the assassination of the Gracci.

I too am a Mike Duncan fan, but eeeeh.
The Roman senate was voting special privileges to people from varying factions (usually read as “families”) for a long time before even the Gracci (I’m looking at you, Scipio), and of course there were opposing factions that didn’t like it and tried to win power back over to their side, blah blah blah. The fine details get covered up by the veneer of history, so it seems simple to say “it was this one thing.” I don’t think that’s how it goes usually (and neither does Mike Duncan, it seems). Reading lessons out of history can be very useful, but I’m not sure the lesson you’re trying to pull or even if it’ll be useful.
What do you suggest? Ban political parties? Get the pope to beat judges we don’t like to death with bust up chair legs? Have “our faction” take power and right the wrongs a la Marius, but better?

Charlz Guybon
Nov 16, 2010

Cimber posted:

Well, history has shown time and time again that when one faction starts bending the rules and doing things out of bad faith the other faction has to react. Specifically I'm thinking of the Late Roman Republic around the time of Marius and Sulla. Once the political norms started being broken each side was forced to do more and more extreme things to try to keep up. This ended with Sulla marching on Rome, installing himself dictator and proscribing his political enemies. I'd say the start of this turmoil began with the assassination of the Gracci.

Are we starting to see the similar things now in respect to the US courts, and other actions by the GOP? McConnel blocking tons of Obama judges, the destruction of the 'blue slips', packing the courts with extremists and venue shopping by GOP activists? Its not a coincidence that the advocacy group that brought about this abortion pill ban chose to file in Amarillo. Kacsmaryk is the only federal judge assigned to that town, so they knew they were going to get a judge who aligned with their beliefs.

You're thinking of stasis, which is more of a Greek city-state thing.

Bret Devereaux goes over that here
https://acoup.blog/2020/10/30/fireside-friday-october-30-2020/

Cimber
Feb 3, 2014

Rodenthar Drothman posted:

I too am a Mike Duncan fan, but eeeeh.
The Roman senate was voting special privileges to people from varying factions (usually read as “families”) for a long time before even the Gracci (I’m looking at you, Scipio), and of course there were opposing factions that didn’t like it and tried to win power back over to their side, blah blah blah. The fine details get covered up by the veneer of history, so it seems simple to say “it was this one thing.” I don’t think that’s how it goes usually (and neither does Mike Duncan, it seems). Reading lessons out of history can be very useful, but I’m not sure the lesson you’re trying to pull or even if it’ll be useful.
What do you suggest? Ban political parties? Get the pope to beat judges we don’t like to death with bust up chair legs? Have “our faction” take power and right the wrongs a la Marius, but better?

Well, not to go too far down the Roman history rabbit hole, but as the land under roman control expanded, citizen solders had to travel further and further away from Rome to fight the wars, and were gone longer and longer. What might have been a few weeks during the early republic/late monarchy was turning into months or years away that the soldier was away from his farm. As more wars happened more sons and fathers died and the farms started failing, only to be purchased on the cheap by wealthy aristocrats. More and more people flooded into the city of Rome causing more and more urban issues. The Gracci's land reform bills tried to stop this, but this directly impacted the profits of the rich. So the Gracci had to go.

The Optimates and the Popularies calcified, and more and more parliamentary tricks were being done that were unthinkable just a few generations before, ending with Marius serving an unheard of 6 consecutive Consulships. This (and other things I'm not getting into here) were a direct cause of a Optimate general named Sulla to take his troops and march on Rome. That had _never_ been done before.

Is there a direct relationship to what happened 2100 years ago in Rome and today's GOP vs Dems? No, not at all, but the patterns are similar enough that it is alarming.

Charlz Guybon
Nov 16, 2010
https://twitter.com/kjhealy/status/1645189718663995392

Father Wendigo
Sep 28, 2005
This is, sadly, more important to me than bettering myself.

https://twitter.com/JustinElliott/status/1646579185131855872?t=RCKvtJ4ps6ofliTcptlI3w&s=19

OddObserver
Apr 3, 2009

This is somewhat burying the lede deeper in the thread:
https://mobile.twitter.com/lrozen/status/1646587112358117376

Silly Burrito
Nov 27, 2007

SET A COURSE FOR
THE FLAVOR QUADRANT
What, rich people buy Supreme Court Justice’s mother’s houses all the time and fix them up for free. What’s the issue? :shrug:

FlamingLiberal
Jan 18, 2009

Would you like to play a game?



Straight to jail

Silly Burrito
Nov 27, 2007

SET A COURSE FOR
THE FLAVOR QUADRANT

OddObserver posted:

This is somewhat burying the lede deeper in the thread:
https://mobile.twitter.com/lrozen/status/1646587112358117376

And then….

https://twitter.com/lrozen/status/1646590189991612436?s=20

Do not party and disturb Clarence’s momma or you will get your house torn down.

VitalSigns
Sep 3, 2011

I don't really understand why any of this is a problem?

For years we've been hearing reasons why it's all actually fine:
  • It's not bribery if Burisima doesn't write "for bribes" on Hunter's bribery checks
  • It's not bribery if a Goldman-Sachs exec doesn't say "this is a quid-pro-quo" into a mic when handing Hillary the bribe money
  • It's not bribery if the official's family members are the ones collecting the bribes
  • It's not bribery if the bribe is for something they'd have happily done for free
  • It's not bribery if the bribe is explained as payment for a job you're unqualified for, or present from friends, or a sale of some kind of property like a painting or a house for a ridiculous price

So like what's the big deal? Did this Crowe guy ever look into a camera and say "I am bribing you, this is not just a present for your mom"

VitalSigns fucked around with this message at 21:44 on Apr 13, 2023

FlamingLiberal
Jan 18, 2009

Would you like to play a game?



Thank you Justice Roberts

hobbesmaster
Jan 28, 2008

VitalSigns posted:

I don't really understand why any of this is a problem?

For years we've been hearing reasons why it's all actually fine:
  • It's not bribery if Burisima doesn't write "for bribes" on Hunter's bribery checks
  • It's not bribery if a Goldman-Sachs exec doesn't say "this is a quid-pro-quo" into a mic when handing Hillary the bribe money
  • It's not bribery if the official's family members are the ones collecting the bribes
  • It's not bribery if the bribe is for something they'd have happily done for free
  • It's not bribery if the bribe is explained as payment for a job you're unqualified for, or present from friends, or a sale of some kind of property like a painting or a house for a ridiculous price

So like what's the big deal? Did this Crowe guy ever look into a camera and say "I am bribing you, this is not just a present for your mom"

Unless you’re governor of Illinois for some bizarre reason, then bribery laws work the way everyone thinks they should and not this way.

HannibalBarca
Sep 11, 2016

History shows, again and again, how nature points out the folly of man.

OddObserver posted:

This is somewhat burying the lede deeper in the thread:
https://mobile.twitter.com/lrozen/status/1646587112358117376

The fact that Clarence Thomas' mother is still alive at 94 has some chilling actuarial implications for the partisan makeup of the Court.

Bizarro Kanyon
Jan 3, 2007

Something Awful, so easy even a spaceman can do it!


hobbesmaster posted:

Unless you’re governor of Illinois for some bizarre reason, then bribery laws work the way everyone thinks they should and not this way.

As someone from Illinois, I look back and I am surprised that the D party was willing to drop Blago that quickly.

A lot of times, it does seem like Ds are more willing to take that seriously.

Tatsuta Age
Apr 21, 2005
Probation
Can't post for 18 hours!

Silly Burrito posted:

What, rich people buy Supreme Court Justice’s mother’s houses all the time and fix them up for free. What’s the issue? :shrug:

lol that this is probably unironically true

Name Change
Oct 9, 2005


Bizarro Kanyon posted:

As someone from Illinois, I look back and I am surprised that the D party was willing to drop Blago that quickly.

A lot of times, it does seem like Ds are more willing to take that seriously.

In Blago's case they had mycrimes.mp3.

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Staluigi
Jun 22, 2021

This Clarence Thomas poo poo originally felt like a shoulder shrug "won't be talking about it in a week" thing but propublica just kept going until it turned into something that would at least have the decency to dog him for the rest of his life

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