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View Diary: ALERT: GOP Bill to Suspend Laws IS MOVING! (211 comments)

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  •  I'd say (none)
    It's unconstitutional.  The "with such exceptions as the Congress shall make" language of Article III only applies to the Supreme Court's appellate jurisdiction. That's what Congress may alter.  

    The key is that "the judicial power...shall be vested" in SCOTUS and other, inferior courts, and that "the judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution..."  The Constitution, in mandatory language, requires that at least one federal court be there to hear ALL constitutional cases.  Congress can strip SCOTUS of its ability to review the lower court decision, but Congress cannot pass a statute denying any judicial review of a constitutional case.

    The power of accurate observation is commonly called cynicism by those who have not got it. --George Bernard Shaw

    by Categorically Imperative on Tue Feb 08, 2005 at 12:48:56 AM PST

    •  So change the constitution (none)
      If you were a facist you'd simply change the constitution and do whatever it takes to get rid of government. If the function of government is JUST the military then whoever controls the military controls all laws.

      Learn how to take back the issue of national security. Progressives are stronger on security.

      by Lucian on Tue Feb 08, 2005 at 01:40:33 AM PST

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      •  You don't have to (none)
        Once the Repubs have their borg-like judiciary in place, they'll simply decide that the law was passed to grant Bush power in his Commander-in-Chief role and find all cases non-justiciable.

        "must give deference to Dear Leader in time of war..."

        •  Perhaps. (none)
          But Supreme Court Justices are funny.  Even right-wing courts have generally seemed to put the institution of the judiciary over partisan politics.  They like the judicial power, and aren't fond of other branches of the government, even GOP ones, encroaching on it.  

          If the people lead, the leaders will follow.

          by Georgia Logothetis on Tue Feb 08, 2005 at 05:07:14 AM PST

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          •  Dream on. (none)
            I will call you form my concentration camp and maybe you can intercede for me.

            "Optimism is not for sissies." (an elderly man at the Progressive Dem Conference)

            by Percheronwoman on Tue Feb 08, 2005 at 08:25:55 AM PST

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            •  That's quite a logical jump. (none)
              Can you point to any period in history where the Supreme Court was filled with dittoheads and granted blanket, irrational approval to a President's policies?  Because I sure can't find such an instance.

              Even with the most blatantly partisan courts, when confronted with the law, they have been bound to conform to it.  

              If the people lead, the leaders will follow.

              by Georgia Logothetis on Tue Feb 08, 2005 at 10:30:03 AM PST

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              •  State Policies (none)
                Plessy v Ferguson gutted the 14th Amendment.

                A foolish consistency is the hobgoblin of little minds, adored by little statesmen and philosophers and divines. - Emerson

                by freelunch on Tue Feb 08, 2005 at 11:09:41 AM PST

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                •  Justice Harlan (none)
                  had an eloquent dissent in Harlan.

                  The Court's argument in that case was not a blanket, blind approval of Presidential policy, which is what we're talking about here.

                  The opinion by Justice Brown focused on soceity's perception that black and white were socially unequal.  Thus, the Brown court used society's desires as a basis for its decision, and not any policy promulgated by the then-Democratic President, Grover Cleveland.

                  If the people lead, the leaders will follow.

                  by Georgia Logothetis on Tue Feb 08, 2005 at 11:20:23 AM PST

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