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Is an "Out of Control Judiciary" the biggest threat to Democracy?

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Sandpiper Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-17-05 01:04 PM
Original message
Is an "Out of Control Judiciary" the biggest threat to Democracy?
Edited on Sun Apr-17-05 01:06 PM by Sandpiper
This has been a popular meme with the right wing for a while now, but is there any truth to it?


The courts do have the power to interpret the law, but when you get right down to it, if the Legislature and Executive decide to ignore the courts, the courts have no real power to enforce their decisions.


Andrew Jackson once said: "(Chief Justice) John Marshall has made his decision, now let him enforce it." Which brings me to my next point...

The greatest threat to democracy in this country is an unchecked, out of control, Executive branch.

The Executive branch controls the police powers of the federal government, and the Executive is the commander in chief of our 400 billion dollar military machine.


The Judicial Branch has the power to issue fiats. The Executive Branch has the power to launch 100 megaton warheads.

I know which one I'm more concerned about keeping reigned in.

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RobinA Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-17-05 01:10 PM
Response to Original message
1. I Thought
it was the liberal media. Oh wait....that was last month's big threat. They got the media cowed, now they're trying to scare judges.
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kweerwolf Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-17-05 01:24 PM
Response to Original message
2. The 'out of control judiciary' is only one part ...
of the right wing(nuts) new and improved "Axis O' Evil."

The other parts are the liberal media and the homo-sec-shul agenda.
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Amy6627 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-17-05 01:27 PM
Response to Original message
3. I think the biggest threat to Democracy is corporate power over
the government and We the People. The hierarchy is suppose to be We the People, then government, then corporations. It is now reversed. Cure this problem and the rest cure themselves. We need to reverse the current hierarchy and bring back democracy to America. This is a Dem and Repuke issue that we need to unite and fight for. A simple way to get the average Red State Joe to see this is to ask him-- Why are corporations allowed to give millions of dollars to a political campaign when you and I can only give $2000 per campaign? They can't even vote! Politicians on both sides of the isle get these contributions (granted Repukes get far more!), how can we expect them not to vote the way their largest contributers want? We need Corporations out of government NOW!

Check out these excellent sites:

http://reclaimdemocracy.org/corporate_accountability/

http://thomhartmann.com/unequalprotection.shtml

http://wilpf.org/campaigns/ccp/default.htm



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Sandpiper Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-17-05 01:28 PM
Response to Reply #3
4. Ending corporate personhood
Would fix this problem immediately.

But I won't hold my breath waiting for that one.
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Amy6627 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-17-05 01:35 PM
Response to Reply #4
5. No it won't happen overnight. It probably won't happen in my life time.
It took corporations 100 years to get the supreme court to side with them. This will be a grassroots effort, starting at the bottom and working its way up. I am forming a Reclaim Democracy group in San Diego. I am going to talk to all groups in my community, including my local Repuke club. This is a non-partisan issue, that will take both Repukes and Dems support. Hopefully corporations will once again become subordinate to We the People in my son's lifetime. We must start NOW, and do everything we can in our local communities.
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K-W Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-17-05 01:48 PM
Response to Reply #3
7. Undemocratic organizations that govern large portions of society.
I think it is indeed the biggest threat to democracy.
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Amy6627 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-17-05 02:15 PM
Response to Reply #7
11. These are great websites to check out:
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stellanoir Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-17-05 01:41 PM
Response to Original message
6. entirely corrupt executive
and legislative branches of government, lauded by a biased media, fueled by corporate lobbyists, and kept in power only by a unauditable, insecure, and totally flawed electoral system has already trashed the last remnants of representative government and therefore. . .democracy is history here.

The judiciary is the last bastion of balance in the country. That's why they're going after it.

There are probably more fair judges in the country than ethical politicians.

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merh Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-17-05 01:51 PM
Response to Reply #6
8. Agreed
And if you want to read up on their efforts to control the judiciary, just google "US Chamber of Commerce" and judges. They have been pooring millions into the campaigns of "conservative" judges for years, targeting liberal judges and instigating investigations and prosecutions of those judges that they believe are pro-plaintiff and pro-civil rights.

If you really want to have fun, check out how many of your local chambers are members of the US Chamber, then compare their memberships (former and current) to those that have been appointed to positions of trust - commission members to study the judiciary in your state, US Attorneys, parole boards, prison boards, etc.

The threat is the grass roots efforts of the neo-cons to infilitrate and control the local community organizations that once were meant to help the little guy. Rotarians, Kiawanas, Chambers of Commerce, Knights of Columbus, Elks, etc.

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ComerPerro Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-17-05 01:53 PM
Response to Original message
9. It could be if Bush gets his way and starts appointing a slew of activist
judges.

That is what has always pissed me off. They complain about "activist judges", so they turn around and try to appoint ultra-conservative right wing fanatics to the courts.
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Amy6627 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-17-05 02:18 PM
Response to Reply #9
12. Activist judges are nothing new. Check out the 1886 Supreme Court case
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Stirk Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-17-05 02:01 PM
Response to Original message
10. It's currently the biggest obstacle to the consolidation of power.
Or fascism, in other words.

In a time when one party dominates all three branches of government, I really don't understand how that line could inspire anything but laughs.
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Amy6627 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-17-05 02:29 PM
Response to Reply #10
13. Fascism should more appropriately be called corporatism,
because it is a merger of State and corporate power" -Benito Mussolini

As James Madison said, "There is an evil which ought to be guarded against in the indefinite accumulation of property from the capacity of holding it in perpetuity by … corporations. The power of all corporations ought to be limited in this respect. The growing wealth acquired by them never fails to be a source of abuses." Similarly, John Adams wrote that when "economic power become concentrated in a few hands, then political power flowed to those possessors and away from the citizens, ultimately resulting in an oligarchy or tyranny."

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indepat Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-17-05 02:56 PM
Response to Original message
14. Neocons, with their PNAC agenda, and a compliant/complicit Congress, MSM
and fe******s f**e, coupled with an ignorant/uninformed, apathetic public, are the biggest threats to democracy.
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leesa Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-17-05 03:22 PM
Response to Original message
15. In the sense that the Supremes installed Bush illegally, YES.
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