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This idea first came from the This is scary.... thread. When the US frist started off the judicial branch was pretty much nothing, and it may become nothing again. It was at 1st entended to be an equal branch of governemnt but was was very vaguely described in the constitution and poorly designed. Congress has a more power over the courts than imo they should. They have chosen not to use those powers but congress still reserves the power to order the SC not to rule on certain issues and they may also deside where the courts rulings apply, thus completely destroying the concept of a sperate and equal government and removing the concept of checks and balances.
The foundation of the SC now lies on there own decision ruling that they have the last word on constitutionality. Our governemt design was based on the constitution but if followed would not work. It is what it is not because we have molded it, and this thread is about futhering this change to create a more perfect union
Currently the SC is being threatend (read top link), while this is more of a discussion than action I'd still like to act as if its both. I'm suggesting judiciary reform to ensure our way of life and the prevent our government from spiraling out of control w/ power which may very well happen as history has shown. The short fix to this problem would be to make a big deal about it and let the media put pressure on congress which would surely end this problem for now, but I'm talking long-term fix.
I'm damn tired and dont usually make posts this big so I'll continue in abit, for now let the discussion begin.
Forgot to mention this before but imagine the US w/o the SC...
You think the patiot act is bad? You haven't seen nothing yet...every law congress passes is constitutional. Not only that but they'd start passing a whole lot more. Every law that they've struck down could come back, talking badly about the war? About bush or the government? Expect some seriosu jail time... I'm sure you guys can figure out the other possibilities on your own...
I think the SC needs some enforcing power. Write now all the time and money that goes into court really doesn't mean much, the justices cant enforce their rule. Not sure which pres it was but he said it the best when he was unhappy about a ruling not in his favor, they have made there desision, now let them enforce it. Thats not check & balance. The way I think it should work is in a situation like this is the pres should face the impeachment process, and then trial for obstrutction of justice or w/e court charge. If it was the same situation but w/ congress pres supports courts and they're removed from power and go to trial. This also works as a C&B since the only way to enforce a ruling against another branch would be w/ the help of another, and if they disagree nothing gets done.
I believe judges should have a term limit, a large one but still a limit, probably ranging from 10-20 years. I think some kind of public approval of either ferdal judges or SC jusicies or both would also be nice. I'm still giving some thought on exactly how since I dont think it should be another election or majority approval, just some kind of check to make sure its not someone completely against public opinion.
I'm not sure how laws work governing the courts work but certain ones definately need to be removed, like madatory minimums. I think courts should be free of most regulation and what rules are set in place should be mostly from the SC.
Ok now I'm really too tired.... I dont think all of this needs not be done, I'm just throwing out idea, many coming to me on the spot.
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