StarkRavingMad
Skyhunter said:Again I would ask that you site specific cases to support your assertions.
The judicial branch interprets the law, the check and balance is the legislature that writes the laws. The only branch that is exceeding it's constitutional authority is the executive, by claiming war time authority to bypass the FISA courts.
The only reason I post things like this on a public forum is for the off-chance that someone comes across it that has even the possibility of an open mind. So don't take this link as an argument to try and convince you personally of anything.
It's hysterical that you accuse me of spouting rhetoric and then go off on the patently false "wire tapping scandal". I didn't hear all this crying when Bill Clinton took steps to increase executive power, and then used them. But I digress.
All the relative sources are collected and cited here...
https://www.amazon.com/gp/product/0895260506/?tag=pfamazon01-20
The first offense was the very case that invented the power that courts now have to determine whether something is unconstitutional in the first place, Marbury vs Madison. That power is not, in fact, actually in the Constitution. That's how far back the problem dates. Why the people in power let that stand is a mystery.
Other landmark cases include the case in New Jersey where the concept of separation of church and state was intentionally misinterpreted to keep funding for busses away from parochial schools. The result of that is that freedom of religion has devolved into a circular debate over freedom -from- religion.
More recently, the emminent domain case is the most blatent example. These middle class people with perfectly good homes happened to be living in an area that developers wanted... so the courts decided to expand the rights of a city to seize property for the purpose of raising tax revenues from private companies.
The bulk of the gay marriage debate is a the direct result of a court in San Francisco ignoring California marriage laws when they based their decision on precedence from the east coast cases.
That is the reason why Bush thinks an ammendment is necessary, to stop courts from doing this. But I'd rather he address the courts specifically, not throw up his hands and make it look like only an ammendment can stop them. All it's doing is clouding the real issue. Sure the base is rallied, but they are fousing on the wrong thing.