Monday, June 25th, 2012
19

Spoiler: It's Happening Here

"Pick a country and describe a sequence in which: First, a presidential election is decided by five people, who don't even try to explain their choice in normal legal terms. Then the beneficiary of that decision appoints the next two members of the court, who present themselves for consideration as restrained, humble figures who care only about law rather than ideology. Once on the bench, for life, those two actively second-guess and re-do existing law, to advance the interests of the party that appointed them. Meanwhile their party's representatives in the Senate abuse procedural rules to an extent never previously seen to block legislation — and appointments, especially to the courts. And, when a major piece of legislation gets through, the party's majority on the Supreme Court prepares to negate it — even though the details of the plan were originally Republican proposals and even though the party's presidential nominee endorsed these concepts only a few years ago. How would you describe a democracy where power was being shifted that way?"
—Well? HOW WOULD YOU?

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19 Comments / Post A Comment

El Matardillo (#586)

The Greatest Country In The History Of The World.

Lockheed Ventura (#5,536)

A Constitutional Democracy.

saythatscool (#101)

@Lockheed Ventura FASCIST BULLYBOY

Rick Gary@facebook (#11,539)

They hate us for our freedom

GiovanniGF (#224)

Don't blame me, I voted for Kucinich.

Mr. B (#10,093)

As committed as I am to the Democrats, I know it's silly to pretend we wouldn't be doing the same shit if the shoe were on the other foot.

tomme (#4,473)

@Mr. B While the Democrats may lack principles in equal measure they have never had the balls to do what "conservatives" have done in the last 12 years.

dntsqzthchrmn (#2,893)

@tomme Um, where did we get that phrase "pack the court" from again?

tomme (#4,473)

@dntsqzthchrmn 75 years ago Democrats had balls. FDR had balls. Anyone think there's any chance of something similar happening with this President or Congress?

dntsqzthchrmn (#2,893)

@tomme Let's say the Gilded Age ended in 1896, and it took 36 years from there to get to FDR. We've got 32 years — and an international war and several boom-bust cycles — to go.

deepomega (#1,720)

The worst part about a failing public education system is grown-ass adults who cannot accept that there are statistically unknowable things – e.g., who won the 2000 elections. There is NO CERTAIN ANSWER. Anything the SC did would have been arbitrary, and maybe we should respond by making sure we have a better tie breaker in the future instead of bitching about the Supreme Court, as though democrats have never ever benefitted from stuffing it.

KenWheaton (#401)

@deepomega I say we turn to the US Track and Field method. Give the disputants a choice between a two-person foot race or a coin toss!

Danzig! (#5,318)

@deepomega Innit? Political illiteracy runs rampant

dntsqzthchrmn (#2,893)

Winter is coming.

saythatscool (#101)

@dntsqzthchrmn

As am I.

On your mom.

Danzig! (#5,318)

Eh, gov'ts always been this dysfunctional. That's what makes it functional.

Also it's just like the Atlantic to imply a conspiratorial edge to Congress / the bench, as though ideology wasn't something that causes people to work in tandem without having to meet in star chambers, or whatever.

The real scandal is that Thomas never recused himself

Rodger Psczny (#3,912)

Marbury v. Madison was an inside job!

stuffisthings (#1,352)

Forlornly, I guess?

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