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Post By
bd2999 
Moderator

Member Since: Sat May 17, 2008
In Reply To
The Avenger

Location: New Jersey
Member Since: Thu Dec 02, 2021
Subj: Re: The Supreme Court
Posted: Mon Jun 27, 2022 at 10:08:09 am EDT (Viewed 146 times)
Reply Subj: Re: The Supreme Court
Posted: Mon Jun 27, 2022 at 09:45:02 am EDT (Viewed 148 times)



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      It is bad and going to get worse. The said part is there is not much that can be done...



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    Oddly, the Constitution has granted no enforcement powers to the Supreme Court. Serious people are debating whether a person, state, or institution could simply ignore the Supreme Court and get away with it.


I mean I think it was Andrew Jackson who famously did something along those lines "X made his decision now let's seem him enforce it".

It is possible for sure, as you are indicating, but it starts becoming dangerous as there is no longer a legit guardrail. When do you get to decide to ignore it? Because once the door is open states and federal powers will start finding ways to keep doing it.

And one of the rule of law aspects within the US is that folks adhere to the courts judgement, but if the courts are going wild than it will lead to these sorts of questions that should not be required.


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      I am not sure how it benefits anyone to do what they are doing outside of from a purely conservatives academic level.



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    It benefits the centers of power I listed in the OP. The "Sinister Six" justices are demonstrating their allegiance to these power centers.


That is fair. The powerful usually keep power. I was trying to get at that I think but not as well.


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      The counters would be to expand the court, define its abilities more clearly, put term limits on justices, clarify what is and is not disqualifying (ethics rules, recusal rules and so on) and potentially things like what warrants impeachment of a justice.



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    Or ignore the Court altogether. This may be tested sooner than we think. New York State could well decide to defy the Bruen ruling. Don't mess with New Yorkers!


True, I left that one out. I was thinking more about how to keep the current system in place.

The danger of pure lawlessness is one that is concerning. As states could decide to nullify federal law and so on and so forth. There has not been much anything like this except maybe before the Civil War when the court made some truly terribly rulings (they have always made bad rulings, but those helped directly lead to that war).

It is a scary situation to find things in honestly. And honestly the court has nobody to blame but themselves for any of it.






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