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Author Topic:   Gerrymandering: Another Good Supreme Court Decision
NoNukes
Inactive Member


Message 7 of 38 (761508)
07-02-2015 7:16 AM
Reply to: Message 2 by vimesey
07-02-2015 2:51 AM


Over in the UK, our judiciary isn't elected (although there have been calls for it to be, on occasion).
Just to be clear, in the US, judges on the state and local level are elected while federal judges are appointed by the federal executive with Congressional oversight.
In some jurisdictions the state and local elections are partisan, while in others the judges have no party affiliations.
On the other hand, they don't end up being the politically partisan institution represented by SCOTUS - effectively, a third legislative body.
Again in the US, Supreme Court Justices are appointed by the president and vetted by Congress. The presidential appointment is accepted a very high percentage of the time, but the Justices are not elected.
How does the UK prevent the justices in their highest courts from becoming partisan. How is the Independent Commission chosen?
Edited by NoNukes, : No reason given.

Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846)
History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people. Martin Luther King
If there are no stupid questions, then what kind of questions do stupid people ask? Do they get smart just in time to ask questions? Scott Adams

This message is a reply to:
 Message 2 by vimesey, posted 07-02-2015 2:51 AM vimesey has replied

Replies to this message:
 Message 8 by vimesey, posted 07-02-2015 7:34 AM NoNukes has not replied

  
NoNukes
Inactive Member


(2)
Message 24 of 38 (761670)
07-04-2015 1:54 AM
Reply to: Message 20 by Jon
07-03-2015 9:56 PM


Jon, you are playing the buffoon yet again. I am sorry to say that for you such an observation is no longer of any particular note.
This is from vimsey's original post.
On the other hand, they don't end up being the politically partisan institution represented by SCOTUS - effectively, a third legislative body.
Clearly the issue here is partisan politics. If one insists that the judicial branch, which is indeed a government function, is of necessity a political function (something I find arguable[1]), then surely you can understand that such politics are not necessarily partisan.
And it is partisan politics and the possibility of eliminating that from the selection of judges that we've been discussing with vimsey ever since.
Everyone but you seems to be interested in the topic. You, of all the posters seems to insist that there is nothing to discuss.
People routinely use political in the way discussed here. For example we might say that one decision or another of the Supreme Court was made on a political basis rather than on the basis of the merits of the case.
If your sole input here is to play language police, I would recommend that the other posters take that into account before they bother responding to your nonsense. The rest of us understand vimsey's point.
[1] As for the judicial function being of necessity political, by and large that is not the case. I don't expect politics to play into a land dispute between me and my neighbor or a guilty verdict on OJ Simpson. Maybe some people do call such functions politics, but such people are not using the word in the every day sense.

Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846)
History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people. Martin Luther King
If there are no stupid questions, then what kind of questions do stupid people ask? Do they get smart just in time to ask questions? Scott Adams

This message is a reply to:
 Message 20 by Jon, posted 07-03-2015 9:56 PM Jon has replied

Replies to this message:
 Message 29 by Jon, posted 07-04-2015 8:22 AM NoNukes has not replied

  
NoNukes
Inactive Member


Message 32 of 38 (761698)
07-04-2015 12:36 PM
Reply to: Message 31 by Coragyps
07-04-2015 11:36 AM


Re: Quick question
It's been pretty political for a long time - Roosevelt appointed extra judges back in the 1930s so that he could get decisions to go his way.
The era you refer to is one of extreme partisan politics by the Supreme Court, but Roosevelt did not actually appoint any extra judges. He asked the legislature for the power to do so. The Supreme Court responded by ceasing to issue their totally partisan rulings. Ultimately the bill allowing the president the power to appoint more judges did not pass.

Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846)
History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people. Martin Luther King
If there are no stupid questions, then what kind of questions do stupid people ask? Do they get smart just in time to ask questions? Scott Adams

This message is a reply to:
 Message 31 by Coragyps, posted 07-04-2015 11:36 AM Coragyps has not replied

  
NoNukes
Inactive Member


Message 33 of 38 (761699)
07-04-2015 12:40 PM
Reply to: Message 25 by Tangle
07-04-2015 3:06 AM


In the UK the judiciary are completely independent of government.
I would suggest that in the US, the federal judiciary is just as independent of the government. The other branches of government can rail all they want about the decisions judges and Justices make, but they have no power to punish them or to influence their decisions. Judges, once appointed, hold their positions for life. Impeachment is a complete rarity. On constitutional matters, the SC has the last say.
It is the involvement of politics in the selection of judges that is the difference.

Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846)
History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people. Martin Luther King
If there are no stupid questions, then what kind of questions do stupid people ask? Do they get smart just in time to ask questions? Scott Adams

This message is a reply to:
 Message 25 by Tangle, posted 07-04-2015 3:06 AM Tangle has not replied

  
NoNukes
Inactive Member


Message 34 of 38 (761700)
07-04-2015 12:42 PM
Reply to: Message 30 by Jon
07-04-2015 8:24 AM


How does the Supreme Court enforce their judgments?
Enforcement is not a judicial function. All judges can do is write more judgments. The executive branch carries out the functions of government.

Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846)
History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people. Martin Luther King
If there are no stupid questions, then what kind of questions do stupid people ask? Do they get smart just in time to ask questions? Scott Adams

This message is a reply to:
 Message 30 by Jon, posted 07-04-2015 8:24 AM Jon has replied

Replies to this message:
 Message 36 by Jon, posted 07-04-2015 1:25 PM NoNukes has replied

  
NoNukes
Inactive Member


Message 35 of 38 (761703)
07-04-2015 1:15 PM
Reply to: Message 26 by vimesey
07-04-2015 5:43 AM


Re: Quick question
The constitution requires that the President appoint justices. I think they've always tried to put like minded Justices on the court, however there have been some very notable failures. Justice Stevens was appointed by Gerald Ford and Justice Souter was appointed by Bush Sr. Both turned out to be reliably liberal and both retired at a time when a Democrat (Obama) would select their replacements.
I don't think today's Court is at the height of its political involvement simply because of Kennedy's evolving to be the swing vote. We seem to get a reasonable mix of conservative and liberal opinions with a surprising slight edge to liberal opinions this term.

Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846)
History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people. Martin Luther King
If there are no stupid questions, then what kind of questions do stupid people ask? Do they get smart just in time to ask questions? Scott Adams

This message is a reply to:
 Message 26 by vimesey, posted 07-04-2015 5:43 AM vimesey has not replied

  
NoNukes
Inactive Member


Message 37 of 38 (761705)
07-04-2015 1:38 PM
Reply to: Message 36 by Jon
07-04-2015 1:25 PM


Why does the 'executive branch' (which is just a fancy way of saying 'the people with the guns') do what the judiciary says?
Take a civics class Jon. It is your position that the judiciary's enforcement process is of some relevance to this discussion.

Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846)
History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people. Martin Luther King
If there are no stupid questions, then what kind of questions do stupid people ask? Do they get smart just in time to ask questions? Scott Adams

This message is a reply to:
 Message 36 by Jon, posted 07-04-2015 1:25 PM Jon has seen this message but not replied

  
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