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Don't Ask Don't Tell found unconstitutional

Old 09-09-10, 11:26 PM
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Don't Ask Don't Tell found unconstitutional

http://www.npr.org/templates/story/s...-20100909-2215

Whoo hoo!

Yet another pesky "activist judge" doing something conservatives don't like.
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Old 09-09-10, 11:50 PM
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Re: Don't Ask Don't Tell found unconstitutional

What is actual impact of this? Is it up to Holder to appeal or not? If so, it's going to be a pretty big issue for Obama.
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Old 09-10-10, 08:43 AM
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Re: Don't Ask Don't Tell found unconstitutional

I’m not really sure why the country still bothers to have a legislative branch. It would seem as though they should just replace it with the judiciary now and be done with it.
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Old 09-10-10, 08:45 AM
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Re: Don't Ask Don't Tell found unconstitutional

I do think the judiciary needs to be reigned in.

The way to do it, I say again, is to permit the congress by a 2/3 vote and the president's signature to override any decision made by the courts.

The we would truly have representative government.
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Old 09-10-10, 08:52 AM
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Re: Don't Ask Don't Tell found unconstitutional

Originally Posted by drak b View Post
Iím not really sure why the country still bothers to have a legislative branch. It would seem as though they should just replace it with the judiciary now and be done with it.
You do realize that a miniscule pct. of acts of Congress (and state gov'ts) get struck down by the judiciary. Hell, a tiny pct. ever actually get a real review in the courts.
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Old 09-10-10, 08:54 AM
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Re: Don't Ask Don't Tell found unconstitutional

Originally Posted by classicman2 View Post
I do think the judiciary needs to be reigned in.
I think the executive and legislative branches need to be reigned in far more. I damn sure wouldn't give them more power.
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Old 09-10-10, 08:55 AM
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Re: Don't Ask Don't Tell found unconstitutional

I want truly representative government. Obviously you don't. You want a supreme judiciary.
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Old 09-10-10, 08:57 AM
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Re: Don't Ask Don't Tell found unconstitutional

Yeah, but considering that the judiciary is attempting to balance the 2/3 in Congress and President's signature that creates laws....
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Old 09-10-10, 09:01 AM
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Re: Don't Ask Don't Tell found unconstitutional

Originally Posted by drak b View Post
Iím not really sure why the country still bothers to have a legislative branch. It would seem as though they should just replace it with the judiciary now and be done with it.
because the executive and legislative branches have a history of doing unconstitutional things
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Old 09-10-10, 09:02 AM
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Re: Don't Ask Don't Tell found unconstitutional

Originally Posted by classicman2 View Post
I want truly representative government. Obviously you don't. You want a supreme judiciary.
I have no problem with a representative gov't. I just want one that stays within constitutional limits. Obviously you don't.
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Old 09-10-10, 09:13 AM
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Re: Don't Ask Don't Tell found unconstitutional

btw: With that Constitutional Amendment to permit what I said in post # we need to do away with lifetime appointments - limit them to 10 years.
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Old 09-10-10, 09:15 AM
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Re: Don't Ask Don't Tell found unconstitutional

Originally Posted by classicman2 View Post
I do think the judiciary needs to be reigned in.
I just wish we'd enforce the spelling rules already on the books.
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Old 09-10-10, 09:18 AM
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Re: Don't Ask Don't Tell found unconstitutional

Opinion:
http://www.politico.com/static/PPM17..._logcabin.html

Interesting. The judge used the Lawrence standard of review - something in btwn rational basis and intermediate scrutiny.

The free speech challenge was certainly novel.
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Old 09-10-10, 10:51 AM
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Re: Don't Ask Don't Tell found unconstitutional

Originally Posted by classicman2 View Post
I want truly representative government. Obviously you don't. You want a supreme judiciary.
You want a 'truly representative government' because like most everyone who posts here you falsely believe that your views are representative of those of the majority of Americans. But if you got your fantasy of a constitutionally-unchecked Congress you would be most unhappy with the result.
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Old 09-10-10, 10:58 AM
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Re: Don't Ask Don't Tell found unconstitutional

With respect to the power sharing between Congress and the Federal judiciary, members of Congress are the people who least want to reduce the power and independence of the judicial branch. The current setup allows Congress to bypass most really contentious issues with long-term Constitutional implications, instead leaving them to the judiciary to deal with. And then, when the public has its inevitable hue and cry over this or that activist ruling, members of Congress can conveniently blame the judiciary to which it's ceded so much responsibility over these contentious issues. For them, it's win-win.
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Old 09-10-10, 11:28 AM
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Re: Don't Ask Don't Tell found unconstitutional

Since when do federal courts have authority over military policies?
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Old 09-10-10, 11:37 AM
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Re: Don't Ask Don't Tell found unconstitutional

Originally Posted by Sean O'Hara View Post
Since when do federal courts have authority over military policies?
Since 1789.
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Old 09-10-10, 11:41 AM
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Re: Don't Ask Don't Tell found unconstitutional

Originally Posted by wendersfan View Post
You want a 'truly representative government' because like most everyone who posts here you falsely believe that your views are representative of those of the majority of Americans. But if you got your fantasy of a constitutionally-unchecked Congress you would be most unhappy with the result.
What about those who are certain that their view are represented by a very small minority?
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Old 09-10-10, 11:41 AM
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Re: Don't Ask Don't Tell found unconstitutional

Originally Posted by Sean O'Hara View Post
Since when do federal courts have authority over military policies?
It's more than policy. It's codified at 10 U.S.C. ß 654. I assume you believe that federal courts have jurisdiction to review the constitutionality of U.S. Code provisions.

Notwithstanding that, federal courts have a long history of reviewing the constitutionality of military policies.
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Old 09-10-10, 11:42 AM
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Re: Don't Ask Don't Tell found unconstitutional

Originally Posted by Pharoh View Post
What about those who are certain that their view are represented by a very small minority?
You mean like me?
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Old 09-10-10, 11:47 AM
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Re: Don't Ask Don't Tell found unconstitutional

Originally Posted by Sean O'Hara View Post
Since when do federal courts have authority over military policies?

since the military is part of the executive branch who's rules have to be in accordance with the law.
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Old 09-10-10, 11:52 AM
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Re: Don't Ask Don't Tell found unconstitutional

Originally Posted by al_bundy View Post
because the executive and legislative branches have a history of doing unconstitutional things
And sometimes only 4 of 9 judges disagree.

The fact that we know how judges will typically rule on something is enough to know that the constitution isn't like spelling rules, it is like a creative writing assignment. And the same court upheld Seperate But Equal and Internment Camps in WWII. They aren't above mistakes either.

Personally, I think all federal judges, SC judges, etc. should be limited to 10 years of service.
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Old 09-10-10, 11:57 AM
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Re: Don't Ask Don't Tell found unconstitutional

Originally Posted by wendersfan View Post
You mean like me?
You are definitely one of those here who I thought about.
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Old 09-10-10, 11:58 AM
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Re: Don't Ask Don't Tell found unconstitutional

Originally Posted by drak b View Post
I’m not really sure why the country still bothers to have a legislative branch. It would seem as though they should just replace it with the judiciary now and be done with it.
<img src="http://www.tobascodagama.com/wp-content/uploads/2008/10/wahmbulance-300x196.jpg" />

The Supreme Court does things all the time that I disagree with, but I don't complain about "activist judges", which is basically what you're doing. People who complain about decisions like these today are the same type of people who complained about the racial integration of the military or schools.
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Old 09-10-10, 12:01 PM
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Re: Don't Ask Don't Tell found unconstitutional

Originally Posted by kvrdave View Post
And sometimes only 4 of 9 judges disagree.

The fact that we know how judges will typically rule on something is enough to know that the constitution isn't like spelling rules, it is like a creative writing assignment. And the same court upheld Seperate But Equal and Internment Camps in WWII. They aren't above mistakes either.

Personally, I think all federal judges, SC judges, etc. should be limited to 10 years of service.

it's a known fact that the SC takes cultural norms into account when ruling on cases
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