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What's wrong with this letter to the editor?

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fencesitter Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-02-05 10:36 AM
Original message
What's wrong with this letter to the editor?
I think he's got it a bit backwards, was absent that day of civics class.

Killed by judges

I was taught that there was a separation of powers in which each of the three branches of government had equal power. Today, America - and particularly the judicial branch - has utterly failed Terri Schiavo. An innocent woman has been deliberately killed by judicial fiat despite overwhelmingly bipartisan legislation that explicitly told the federal courts to conduct a "de novo" review of her case. Instead of starting from scratch and reconnecting the feeding tube, the judicial branch simply ignored the will of Congress and the President and refused to implement the law properly.

At some point, Congress and the President must take decisive action to stop judicial tyranny and restore the separation of powers. Are we still a nation of laws? Apparently not all the time. Individual judges decide for themselves which laws they feel like implementing, which ones to rewrite and which to simply ignore.

Andy Napoli

Collingdale PA

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MessiahRp Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-02-05 10:39 AM
Response to Original message
1. If you post a link to the paper...
you might get DUers writing the paper in response. :)

Rp
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fencesitter Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-02-05 10:43 AM
Response to Reply #1
5. Oops, Sorry, I meant to do that..
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ET Awful Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-02-05 10:39 AM
Response to Original message
2. Well, considering that the legislation itself was unconstitutional
the guy doesn't really have an argument. It's the judiciaries job to ignore the "will of Congress and the President" in favor of Constitutional law first, and other laws second, that is why there is a separation of powers in the Constitution, to insure that power is divided so as not to let too much power rest with one person or party.

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noamnety Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-02-05 10:39 AM
Response to Original message
3. buahahaha - it's the Delay logic!
We need seperation of powers, which means the judicial branch should do whatever the executive branch tells them to do!
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Jade Fox Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-02-05 10:42 AM
Response to Original message
4. Its the Executive Branch of government that is out of control.
Edited on Sat Apr-02-05 10:44 AM by Jade Fox
"Judicial Tyranny" is the new Neo-con buzzword, isn't it?
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TyeDye75 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-02-05 10:46 AM
Response to Reply #4
7. I love that pic in your signiture
Edited on Sat Apr-02-05 10:46 AM by TyeDye75
Is it Mycenaean? or Minoan?
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Jade Fox Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-02-05 10:51 AM
Response to Reply #7
9. Minoan
I believe the title of it is "Girls Just Want to Have Fun" ;)
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dave123williams Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-02-05 11:28 AM
Response to Reply #4
11. Kind of like 'clear skies' or 'no child left behind' - a prima facia lie.

There's no such thing...they're making an argument for dictatorship, make no mistake.
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tech3149 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-02-05 10:44 AM
Response to Original message
6. Really, what paper was it.
I saw the same thing in either the Pgh Post/Gazette or Trib the other day.
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Harlequin Donating Member (179 posts) Send PM | Profile | Ignore Sat Apr-02-05 10:48 AM
Response to Original message
8. all I know is her family must feel like they've won a trip to disneyland
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dave123williams Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-02-05 11:26 AM
Response to Original message
10. One major problem with that letter (amongst many others)

tyr·an·ny (tr-n) n. pl. tyr·an·nies

1. A government in which a single ruler is vested with absolute power.

Note the 'single ruler' thing. There were how many different judges ruling on the Schiavo case and it's appeals? It's kind of a major flaw in his argument...

Another thing; checks and balances work this way...if Congress and the President agree to do something extordinarily STUPID, the courts have the authority to reign them in. It's kind of a civics 101 idea, which those who aren't irretrievably ignorant could glean by reading about a case called Marbury vs. Madison:

http://www.jmu.edu/madison/center/main_pages/madison_archives/era/judicial/bkgrnd.htm

Also, your 'Andy Napoli' should stop listening to right-wing talk radio, and start re-reading the Constitution of the United States.

I'd suggest he begin with Article III, Section II:

http://www.jmu.edu/madison/center/main_pages/madison_archives/constit_confed/constitution/document/document.htm#3
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CTyankee Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-03-05 02:05 PM
Response to Original message
12. I've seen similar letters
These drones have "gotten the memo" from the RNC and they are following orders.
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