In truly undemocratic fashion they also have the power to not hear cases. For example, a person may want to question the constitutionality of being held with no habeas corpus rights but the SCOTUS is not obliged to hear it. Extremely powerful.
Think about Japanese Internment. In 1944, the Supreme Court upheld the constitutionality of the exclusion orders of President Roosevelt, while noting that the provisions that singled out people of Japanese ancestry were a separate issue outside the scope of the proceedings. In essence they skirted the issue.Comment Posted By bsjones On 19.04.2009 @ 21:35
The Supreme Court has a very special and potentially undemocratic role in our system of government. SCOTUS not only has the power to interpret the laws created by Congress and signed by the President, they have the power to to evaluate the laws for constitutionality.
This means that the SCOTUS can nullify not just federal laws but state laws also. They potentially have the power to nullify laws passed by referendum as well. Powerful stuff.
Like it or not, each branch of government has the ability to limit the powers of the other two branches. Our government works this way by DESIGN.
Is the power to nullify and interpret laws inherently undemocratic?
I think so. Any careful reading of James Madison points to the reason for such an undemocratic structure. The people who created the U.S. Constitution were comprised of a largely privileged and powerful class. They were afraid of something they referred to as the "tyranny of the majority". They had no intention of letting "the rabble" interfere with the wonderful thing that they had just created.
Barriers to voting and an appointed Senate are just two aspects of the originally ratified Constitution that point to how afraid the Founders were of the majority and majority rule.
It may sound strange, but it is (oh so) true.Comment Posted By bsjones On 19.04.2009 @ 20:48
It makes perfect sense for a Catholic priest to put quotes around the word marriage when it follows the word homosexual because the Church does not sanctify homosexual unions. It would be perfectly silly for a Unity minister to do the same thing because they perform marriage ceremonies with homosexuals all the time. They do sanctify homosexual marriages.
In America we tolerate most but not all religious expressions. Personally, I like it that way. Of course they do things differently in Iran, Saudi Arabia, and Afghanistan. Where would you rather live?
I know, I know.... In an America that prohibits homosexual marriage.Comment Posted By bsjones On 19.04.2009 @ 00:53
Don C. Said:
My question is why do homosexual “marriage” advocates insist on subverting the definition of the word?
Answer: It's for religious reasons. Many homosexuals believe that marriage is about having your relationship recognized "before God". Some churches recognize homosexual relationships "before God". Having the State attempt to negate that with defense of marriage amendments is offensive to them.Comment Posted By bsjones On 18.04.2009 @ 15:59
WHAT THE MEANING OF "IS" IS....
and what the meaning of "pain" is and "suffering" is
learn more in a song here:
http://www.youtube.com/watch?v=sJSXbA9j0Js&eurComment Posted By bsjones On 23.04.2009 @ 16:13
Politically connected people are not above the law?
http://www.youtube.com/watch?v=8I2wU_jcDGcComment Posted By bsjones On 21.04.2009 @ 02:26
Remember it's all done in the name of security in a post 9/11 world.Comment Posted By bsjones On 20.04.2009 @ 00:52
What's wrong with:
A little loud music?
A few stress positions?
A little sleep deprivation?
A little sexual humiliation?
A bit of medically supervised intravenous LSD?
A little simulated drowning?
A few drops of imitation menstrual blood?
A small bug in a coffin like box?
A few barking German shepherds?
A high powered light bulb that never shuts off?
A Holly book as toilet paper?
A few instances of forced feminization?
Teabag them before they teabag us!!Comment Posted By bsjones On 20.04.2009 @ 00:12
OK, call it torture. Criminalize it. Put it into the books as part of the Federal code.
Torture already is criminalized. THAT is the problem.Comment Posted By bsjones On 18.04.2009 @ 07:01
We need to legalize it.
Don't criticize it.
legalize it. yeah, yeah
then we'll publicize it.
Morning Joe talks torture here:
Legalize it.Comment Posted By bsjones On 18.04.2009 @ 01:20
Don't criticize it.