tag:blogger.com,1999:blog-4425587034622601550.post4980162798109209267..comments2023-09-15T04:27:57.129-04:00Comments on Commentarama: Coming Soon To A Neighborhood Near YouAndrewPricehttp://www.blogger.com/profile/11312364467936820986noreply@blogger.comBlogger15125tag:blogger.com,1999:blog-4425587034622601550.post-53650547121111193342011-06-01T01:28:36.484-04:002011-06-01T01:28:36.484-04:00T_Rav: Look at it this way. Even the baddies get...T_Rav: Look at it this way. Even the baddies get it right once in awhile. LOLLawHawkRFDhttps://www.blogger.com/profile/17800255923675295515noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-28070620122990474142011-05-31T22:20:17.543-04:002011-05-31T22:20:17.543-04:00LawHawk, in that case maybe I should rethink my po...LawHawk, in that case maybe I should rethink my position, as it was first articulated by Henry VIII, Andrew Jackson, and Stalin. Eh...oh well. <br /><br />I did see that about Debbie What's-herface. I think she also criticized the Republicans for actually trying to do something about Medicare, and then got all deer-in-the-headlights when her own party's plan (or lack of one) came up. What a surprise.T-Ravhttps://www.blogger.com/profile/10861218035729479354noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-60681865802772398022011-05-31T19:19:16.519-04:002011-05-31T19:19:16.519-04:00T-Rav: It was the earliest abandonment of the fed...T-Rav: It was the earliest abandonment of the federalist concept of three co-equal branches of government. In the Federalist Papers, there was considerable discussion of each branch exercising its own power to determine what the Constitution meant in a given situation. Only Jefferson clearly seemed to see the danger of an all-powerful judiciary working against the will of the people. He called it "the most dangerous branch of government." Very prescient.<br /><br />Judicial review, though precedential rather than clearly a constitutional mandate, worked rather well for many decades as long as the judiciary was running with or slightly behind the people. It wasn't until the court started making up its own rules and making political rather than constitutional decisions that we started running into trouble. The court is supposed to work the will of the people through its constitutional apparatus, not get out in front of them and torture the clear meaning of the Constitution by simply re-writing it from the bench.<br /><br />Judicial review works for good only when it is accompanied by judicial restraint. When the nine member court becomes a super-legislature, the rule of law goes down the drain. Judicial review was meant to resolve the problem of conflicting legal theories, not create law of its own. The umbras, penumbras and emanations that mysteriously appear to activist justices when it's time to write their own Constitution would have given the Founders the galloping whim-whams.LawHawkRFDhttps://www.blogger.com/profile/17800255923675295515noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-30172914927258245842011-05-31T18:34:11.062-04:002011-05-31T18:34:11.062-04:00LawHawk, I don't think I shall ever understand...LawHawk, I don't think I shall ever understand the facts behind judicial review as long as I live. I want to fault the Founding Fathers for not being more specific, but I'm sure they never imagined that that branch of government could ever become so powerful. I'm not saying it wouldn't have consequences, but I think we're going to keep playing this game until one of our executives says, "You and what army?"T-Ravhttps://www.blogger.com/profile/10861218035729479354noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-78744936708196758562011-05-31T18:10:14.019-04:002011-05-31T18:10:14.019-04:00Lawhawk, That would be hilarious!
Smelly Canniba...Lawhawk, That would be hilarious!<br /><br /><br />Smelly Cannibal Hippy: "President Ryan... tear down this wall."<br /><br />President Ryan: "No."<br /><br /><br />Oh, I'm sure they are all innocent. What is crime after all except an attempt by "the man" to impose his culture on the rest of us. Yep, good times ahead for California....AndrewPricehttps://www.blogger.com/profile/11312364467936820986noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-17833623489918021342011-05-31T17:49:48.076-04:002011-05-31T17:49:48.076-04:00Andrew: I'd probably say three or four metrop...Andrew: I'd probably say three or four metropolitan areas, but your thesis is right on the money. California would be an idyllic spot if we could just get rid of those places or wall them in.<br /><br />Of course sooner or later some liberal would co-opt Ronald Reagan and demand that we "tear down this wall."<br /><br />And you and I both know that the prisons are filled with innocent men. LOLLawHawkRFDhttps://www.blogger.com/profile/17800255923675295515noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-17879346055752937352011-05-31T17:44:46.031-04:002011-05-31T17:44:46.031-04:00T-Rav: Frankly, I don't think the court does ...T-Rav: Frankly, I don't think the court does have that legitimate power. But it does have the actual power nonetheless because it grabbed it, starting with the Warren court. It's all based on the concept of fundamental rights, which have been tortured into near unrecognizability over the past fifty or sixty years. As one of the Justices once said "prisoners don't check their constitutional rights at the prison door." Says who? Well, so far, only the Supreme Court. <br /><br />My argument is that they do check their civil liberties and privileges at the prison door, including their right to be comfortable while being punished for their crimes. They have a right to humane treatment, and I have no quarrel with that.<br /><br />But overcrowding? Medical care that we would kill to have? I don't think so. Unfortunately, Justice Kennedy and four others don't agree with me.<br /><br />I like Jackson's position. The Constitution grants no specific power for the Supreme Court to overturn state or federal law. That precedent was set in <i>Marbury v Madison</i> by the same Chief Justice Marshall whom Jackson ignored. But with Jackson's exception, presidents and congresses have accepted the Supreme Court's "wisdom."LawHawkRFDhttps://www.blogger.com/profile/17800255923675295515noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-67350758980919463142011-05-31T17:29:50.468-04:002011-05-31T17:29:50.468-04:00Lawhawk, I've always understood that the probl...Lawhawk, I've always understood that the problem in California is really only 3-4 cities. So if we could wall them in or sink them into the ocean, the rest of the state should be a pretty nice place.<br /><br />This could be a win-win. We put up the wall and they can't escape once things go horribly, "unexpectedly" wrong as any sane person knows they will. That keeps them from running away from their messes and then trying the same crap all over again by deluding themselves that somehow it wasn't their fault that they all ended up as dirt poor, jobless, cannibal rapists.<br /><br />And they can keep us and our pesky "reality" and "common sense" from interfering with taxing themselves into prosperity, regulating happiness, joy and an end to all evil things, and using government oppression to generate real freedoms for their people. . . with extreme prejudice.AndrewPricehttps://www.blogger.com/profile/11312364467936820986noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-49362067196758639572011-05-31T17:26:52.279-04:002011-05-31T17:26:52.279-04:00Tennessee: Kennedy is all about procedure and for...Tennessee: Kennedy is all about procedure and formal legalisms, so he's easily influenced by the old-timer liberals on the court. He came aboard when liberals were the majority, and has since become the "swing vote." I don't trust him because it's very difficult to know which way he's going to swing. That's why I've worried about Obama getting a really sharp "living constitutionalist" on the court to replace doctrinaire but not very bright Ginsburg. Knocking off Goodwin Liu here in the Ninth Circuit allowed me to breathe a little easier. He would have had Ginsburg's old boy thing going for him (he clerked for Ginsburg), plus he's a brilliant scholar who could lead Kennedy down the primrose path. I've always suspected that Liu actually was the author of some of Ginbsurg's opinions.<br /><br />Let's hope we don't have to dodge another bullet during Obama's remaining year and a half.LawHawkRFDhttps://www.blogger.com/profile/17800255923675295515noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-27801947556619530672011-05-31T17:24:57.121-04:002011-05-31T17:24:57.121-04:00Okay, so I'll just ask: Why is California obli...Okay, so I'll just ask: Why is California obligated to release these prisoners at all? I mean, how does the Court possess the power to make this kind of decision? Every time I hear of something like this, I keep wanting to invoke Andrew Jackson's line against John Marshall.T-Ravhttps://www.blogger.com/profile/10861218035729479354noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-91307545303984531212011-05-31T17:18:29.324-04:002011-05-31T17:18:29.324-04:00Andrew: I like your idea of a "keep 'em ...Andrew: I like your idea of a "keep 'em <i>in</i>" wall. That would keep me from having to patrol my property outside the big cities.LawHawkRFDhttps://www.blogger.com/profile/17800255923675295515noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-87751746136829698642011-05-31T17:13:32.953-04:002011-05-31T17:13:32.953-04:00Patti: It's a border state problem. There ar...Patti: It's a border state problem. There are illegals in jails and prisons throughout the country, but they are not the staggering percentage that they are in the mass immigration border states.LawHawkRFDhttps://www.blogger.com/profile/17800255923675295515noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-75537847448079889872011-05-31T16:42:13.930-04:002011-05-31T16:42:13.930-04:00I can't help but worry a bit about Justice Ken...I can't help but worry a bit about Justice Kennedy. He is so squishy and I worry about his maybe being prone to the "I want to be loved" by the media that I could see him coming down on the wrong side of some extremely crucial decisions.Tennessee Jedhttps://www.blogger.com/profile/10604275115906776992noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-28326414676790668892011-05-31T16:25:10.661-04:002011-05-31T16:25:10.661-04:00Lawhawk, Maybe they should release the illegals ba...Lawhawk, Maybe they should release the illegals back in their home countries? Just thinking...<br /><br /><br />Seriously, when I saw this, my first thought was -- WTF?<br /><br />Then my sense of irony kicked in and I realized this was only happening to California. So I thought, if anyone deserves to have 45,000 predators released on their streets, it's the happy liberals of California who believe that criminals are good and cops are bad, taxes should be 100% on the non-Hollywood "rich", everyone should live free forever on the state, farms and energy companies should be banned, and laws should be passed that don't apply to big liberal companies.<br /><br />I still vote for building a wall to keep people in (at least around the big cities) and then we can all watch the state turn into a liberal paradise akin to John Carpenter's <i>Escape from L.A.</i>! Consider a social experiment! :-)AndrewPricehttps://www.blogger.com/profile/11312364467936820986noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-82222458167693586072011-05-31T16:23:47.919-04:002011-05-31T16:23:47.919-04:00i had no idea that so many criminals were illegals...i had no idea that so many criminals were illegals. personally, i like your idea of parachuting them back over their homeland. hell, if we really want to help recoup california's expenses in the process, offer them the idea of making the release and subsequent "adventure" a reality series for all to watch. this would hit at andrew's "taking away the incentive" issue...Notawonkhttps://www.blogger.com/profile/15388997298014397980noreply@blogger.com