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  #16 (permalink)  
Old 01-11-2008
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Re: Unconstitutoinal?

Quote:
Originally Posted by Imperator View Post
pram...U drink beer right?



get it?
A beer tax?



No. Since there seem to be a limited number of people with their panties all twisted about this issue, how about a special tax on panties?

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  #17 (permalink)  
Old 01-11-2008
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Re: Unconstitutoinal?

Quote:
Originally Posted by jamesrage View Post
Then why is the 9th circuit court the most overturned court?

United States Court of Appeals for the Ninth Circuit - Wikipedia, the free encyclopedia
Of the 80 cases the Supreme Court decided this past term through opinions, 56 cases arose from the federal appellate courts, three from the federal district courts, and 21 from the state courts. The court reversed or vacated the judgment of the lower court in 59 of these cases. Specifically, the justices overturned 40 of the 56 judgments arising from the federal appellate courts (or 71%), two of the three judgments coming from the federal district courts (or 67%), and 17 of the 21 judgments issued by state courts (or 81%).

Notably, the 9th Circuit accounted for both 30 percent of the cases (24 of 80) and 30 percent of the reversals (18 of 59) the Supreme Court decided by full written opinions this term. In addition, the 9th Circuit was responsible for more than a third (35%, or 8 of 23) of the High Court’s unanimous reversals that were issued by published opinions. Thus, on the whole, the 9th Circuit’s rulings accounted for more reversals this past term than all the state courts across the country combined and represented nearly half of the overturned judgments (45%) of the federal appellate courts.

The 9th Circuit also hears the most cases of any of the circuit courts and thus has the most decisions move on to the Supreme Court.
Just because their decisions are different than that of the rest of the country doesn't mean they are wrong or do not believe they are constitutional.
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  #18 (permalink)  
Old 01-11-2008
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Re: Unconstitutoinal?

Quote:
Originally Posted by pramjockey View Post
A beer tax?



No. Since there seem to be a limited number of people with their panties all twisted about this issue, how about a special tax on panties?

sin tax baby.....you know the drill....
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  #19 (permalink)  
Old 01-11-2008
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Re: Unconstitutoinal?

Quote:
Originally Posted by partofme View Post
Just because their decisions are different than that of the rest of the country doesn't mean they are wrong or do not believe they are constitutional.
well higher courts do hence the reversals....
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No individual can plan his own existence in their view.

So the state planners must arrogate to themselves the right to manipulate any sector of the economic system if the good of “society” or the “general welfare” is paramount.

Ipso- if the rights of the individual get in the way, the rights of the individual must be sublimated.

The Road to Serfdom
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  #20 (permalink)  
Old 01-11-2008
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Re: Unconstitutoinal?

Quote:
Originally Posted by Imperator View Post
well higher courts do hence the reversals....
True. I'm not saying I have a problem with are system. I'm just saying I do not by the idea that one judges decisions are activism while other judges decisions are somehow more valid based on if they agree with a certain ideology or not.
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  #21 (permalink)  
Old 01-12-2008
Captain Trips Captain Trips is offline
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Re: Unconstitutoinal?

Couldn't judges be defined as activist if they legislate from the bench ?

Nothing to do with idealogy.
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  #22 (permalink)  
Old 01-12-2008
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Re: Unconstitutoinal?

Quote:
Originally Posted by pramjockey View Post
No. Since there seem to be a limited number of people with their panties all twisted about this issue, how about a special tax on panties?

Go right ahead!!!! I don't own any!!!!!!
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  #23 (permalink)  
Old 01-12-2008
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Re: Unconstitutoinal?

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Originally Posted by Captain Trips View Post
Couldn't judges be defined as activist if they legislate from the bench ?

Nothing to do with idealogy.
Define legislate exactly. They are in a position to make decisions on the cases brought before them. What constitutes legislating exactly? Usually doing something that is not popular with the people calling it legislating form the bench.
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  #24 (permalink)  
Old 01-12-2008
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Re: Unconstitutoinal?

Quote:
Originally Posted by Imperator View Post
sin tax baby.....you know the drill....
Just ask us smokers.......nothing but discrimination tax if you ask me.
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  #25 (permalink)  
Old 01-12-2008
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Re: Unconstitutoinal?

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Originally Posted by Mrs. M View Post
Go right ahead!!!! I don't own any!!!!!!
mmmmm, now ain't my mind working over time.
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  #26 (permalink)  
Old 01-12-2008
Captain Trips Captain Trips is offline
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Re: Unconstitutoinal?

Quote:
Originally Posted by partofme View Post
Define legislate exactly. They are in a position to make decisions on the cases brought before them. What constitutes legislating exactly? Usually doing something that is not popular with the people calling it legislating form the bench.
When a decision on a case affects all of society, the judge decides a case that society SHOULD have a say in but doesn't, because the judge decided FOR the entire society, THAT is legislating from the bench.

Should a judge have the right to say that murder is legal if someone cuts you off in traffic ?

Say a case comes before a judge where I killed someone for cutting me off in traffic. He decides that I was within my rights to kill someone for being so rude in traffic.

Of COURSE that's "not popular with the people" but it does set a precedent doesn't it ? Shouldn't more than one nutty judge with his head up his robe have a say in such a case ?

Thats an extreme example of legislating from the bench. Most examples are milder but they still ARE legislating from the bench.

One "judge" with his head up his robe doesn't have the power to decide some things for an entire society.
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  #27 (permalink)  
Old 01-12-2008
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Re: Unconstitutoinal?

Quote:
Originally Posted by proUSA View Post
mmmmm, now ain't my mind working over time.
Clothes look better without them and it's surprisingly comfortable. But sometimes, one does have to wear them.
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  #28 (permalink)  
Old 01-12-2008
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Re: Unconstitutoinal?

Quote:
Originally Posted by Captain Trips View Post
When a decision on a case affects all of society, the judge decides a case that society SHOULD have a say in but doesn't, because the judge decided FOR the entire society, THAT is legislating from the bench.

Should a judge have the right to say that murder is legal if someone cuts you off in traffic ?

Say a case comes before a judge where I killed someone for cutting me off in traffic. He decides that I was within my rights to kill someone for being so rude in traffic.

Of COURSE that's "not popular with the people" but it does set a precedent doesn't it ? Shouldn't more than one nutty judge with his head up his robe have a say in such a case ?

Thats an extreme example of legislating from the bench. Most examples are milder but they still ARE legislating from the bench.

One "judge" with his head up his robe doesn't have the power to decide some things for an entire society.
The court system is not representative of the people in the same way those that are elected are. The three branches of government work different ways for a reason. Judges are not meant to only answer to popular opinion. If that was the case then they would be elected by the people or cases they deal with would be decided by popular vote. It seems like your problem is really with our system.
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  #29 (permalink)  
Old 01-12-2008
Captain Trips Captain Trips is offline
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Re: Unconstitutoinal?

Quote:
Originally Posted by partofme View Post
The court system is not representative of the people in the same way those that are elected are. The three branches of government work different ways for a reason. Judges are not meant to only answer to popular opinion. If that was the case then they would be elected by the people or cases they deal with would be decided by popular vote. It seems like your problem is really with our system.
I'm well aware of how the system works.

I'm also aware of judges overstepping the bounds of what they're supposed to DO.

Feign ignorance if you must. I will not.
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  #30 (permalink)  
Old 01-12-2008
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Re: Unconstitutoinal?

Quote:
Originally Posted by Captain Trips View Post
I'm well aware of how the system works.

I'm also aware of judges overstepping the bounds of what they're supposed to DO.

Feign ignorance if you must. I will not.
Your not really explaining anything other than they are overstepping by not agreeing with your ideology.
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