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Originally posted by Realist05
Didn't quite follow the incitement to bloodshed bit
Originally posted by Bout Time
Originally posted by Realist05
Didn't quite follow the incitement to bloodshed bit
The Republican Majority leader stating that Judges need to be intimidated AND that "they're time will come"
Originally posted by Bout Time
Here is Tom DeLay speaking on this conferences core issue ( “liberal or overactive” judges ) "The judges need to be intimidated ". Keep in mind this man is a US Congressman and GOP Majority Leader. He also said, after federal courts spurned a request from Congress to revisit the Terri Schiavo case, that "the time will come for the men responsible for this to answer for their behavior."
I also had the displeasure, being an avid C-SPAN viewer, to see this “off the cuff comment” that Blumenthal writes about: Sen. John Cornyn (R-Tex.) mused about how a perception that judges are making political decisions could lead people to "engage in violence."
The Nation
Originally posted by Trustnone
Are we ready GOP? are the men in positions for the coup? When can we have our tanks rolling down the streets of new york? you make it sound as if Republicans are going to overthrow the government and install a military dictatorship, Oh! of course, your a new yorker and [Mod Edit To remove racial attack and attack aimed at another member]
[edit on 2-5-2005 by UM_Gazz]
Just look at the drive by shootings last election.
This 1803 decision marked the first time the United States Supreme Court declared a federal law unconstitutional. Chief Justice John Marshall wrote the opinion for the court. He held that it was the duty of the judicial branch to determine what the law is. His opinion established the power of judicial review—that is, the court's authority to declare laws unconstitutional.
The Court brushed aside the First Amendment issue and declared that "all evidence obtained by searches and seizures in violation of the Constitution is, by [the Fourth Amendment], inadmissible in a state court." Mapp had been convicted on the basis of illegally obtained evidence. This was an historic -- and controversial -- decision. It placed the requirement of excluding illegally obtained evidence from court at all levels of the government. The decision launched the Court on a troubled course of determining how and when to apply the exclusionary rule.
judgment as originally entered by the trial court contained four separate paragraphs, two of which are of critical importance. [n2] Paragraph 3 declared that the University's special admissions program violated the Fourteenth Amendment, the State Constitution, and Title VI. The trial court did not order the University to admit Bakke, because it concluded that Bakke had not shown that he would have been admitted if there had been no special program. Instead, in paragraph 2 of its judgment, it ordered the University to consider Bakke's application for admission without regard to his race or the race of any other applicant. The order did not include any broad [p410] prohibition against any use of race in the admissions process; its terms were clearly limited to the University's consideration of Bakke's application. [n3] Because the University has since been ordered to admit Bakke, paragraph 2 of the trial court's order no longer has any significance.
It is therefore perfectly clear that the question whether race can ever be used as a factor in an admissions decision is not an issue in this case, and that discussion of that issue is inappropriate.
Facts of the Case
In 1977, Congress enacted legislation requiring that at least 10 percent of federal funds granted for local public works programs had to be used to obtain services or supplies from businesses owned by minority group members. H. Earl Fullilove and other contractors filed suit, claiming they had been economically harmed by the enforcement of the statute. The defendant was Philip M. Klutznick, Secretary of Commerce.
Question Presented
Did the provision of the statute for minority business enterprises violate the Equal Protection Clause of the Fourteenth Amendment?
Conclusion
No. The Court held that the minority set-aside program was a legitimate exercise of congressional power. The Court found that Congress could pursue the objectives of the minority business enterprise program under the Spending Power. The plurality opinion noted that Congress could have regulated the practices of contractors on federally funded projects under the Commerce Clause as well. The Court further held that in the remedial context, Congress did not have to act "in a wholly 'color-blind' fashion."
Originally posted by scifemme
Taking the hyperbole out however, judiciary activisim is of concern. Why don't people focus on the abortion doctors anymore? They know that the only people that can overturn Roe and Doe are the judges. I think what is being said under all the rhetoric is that jusges are indeed endangering themselves by making decisions that are moraly divisiive and that can't be checked by the other 2 branches. I am not advocating the killing of anyone, but I do see what the underlying message is- restoring checks and balances.