Forum

 
  Back to OzPolitic.com   Welcome, Guest. Please Login or Register
  Forum Home Album HelpSearch Recent Rules LoginRegister  
 

Poll closed Poll
Question: Is the USA Supreme Court better than our High Court?
*** This poll has now closed ***


Yes    
  6 (50.0%)
No    
  6 (50.0%)
I'm not sure - it's too complicated.    
  0 (0.0%)




Total votes: 12
« Created by: Bobby. on: Aug 20th, 2017 at 6:15pm »

Pages: 1 ... 4 5 6 7 8 ... 19
Send Topic Print
American Supreme Court is better .... (Read 17514 times)
Auggie
Gold Member
*****
Offline


The Bull Moose

Posts: 8571
Re: American Supreme Court is better ....
Reply #75 - Aug 21st, 2017 at 5:12pm
 
longweekend58 wrote on Aug 21st, 2017 at 5:08pm:
Bobby. wrote on Aug 21st, 2017 at 4:52pm:
Auggie wrote on Aug 21st, 2017 at 4:44pm:
Hell no!

The Supreme Court of the United States has completely exceeded its constitutional bounds. The judiciary's role is not to make laws; it's to interpret them.

Another complaint about the SCOTUS is that it basically acts as a permanent constitutional council - Woodrow Wilson pretty well said as much when he was President.

I much prefer the British system - the doctrine of parliamentary sovereignty: the Parliament reigns supreme. The judiciary is independent but has power to overturn legislation passed by the Parliament.

That's how it should be.



I remember a TV series called Alistair Cooke's America.

He explained the Supreme Court so well.
I wish I could find the quote.
He had much praise for the founding Fathers of the USA
who foresaw the need for a court that would change laws
as it became necessary.
It was sort of a built in redundancy so that silly laws could be changed.

Absurdities can arise -
I gave an example:

hypothetical -

President Putin decides that all Australian politicians are automatically Russian citizens -
then by our law our whole Govt. would collapse over night.


why do you persist in repeating STUPID CRAP????  You've already had it explained to you that SCOTUS does not make law. Nor does it invalidate law with the singular exception of when it conflicts with an existing superior law or the constitution. It is the legal UMPIRE, not a law-maker.

Persisting in your stupidity does not improve your already poor record for being dumb.


Factually not correct, longy. The Supreme Court was considered by Woodrow Wilson to be a 'permanent Constitution council' to revise the Constitution as they believed fit.

When the Supreme Court made the decision in favour of 'separate but equal' facilities for blacks and whites, was it interpreting the Constitution or making laws? Don't forget this was after the Civil War and the passage of the 13th, 14th, and 15th amendments.

50 years later said Supreme Court overturned the decision in Brown vs. Board of Education.


Back to top
 

The Progressive President
 
IP Logged
 
Auggie
Gold Member
*****
Offline


The Bull Moose

Posts: 8571
Re: American Supreme Court is better ....
Reply #76 - Aug 21st, 2017 at 5:13pm
 
longweekend58 wrote on Aug 21st, 2017 at 5:11pm:
Auggie wrote on Aug 21st, 2017 at 5:08pm:
Point of note:

The ability of the President to return Bills (commonly known as the 'veto') was considered to be the mechanism by which unconstitutional or 'bad' bills would be rejected.


so that assumes an obviously partisan and compromised person such as the President would naturally choose to do the 'right thing' all the time? To say nothing about a President needing to be a skilled constitutional lawyer and scholar.

such naievete


Naivete on part of the Founding Fathers, indeed, given that they were the ones who stated this.

The Founding Fathers envisioned a Presidency that was NON-PARTISAN, NON-POLITICAL, and that's why the Electoral College was established.
Back to top
 

The Progressive President
 
IP Logged
 
Auggie
Gold Member
*****
Offline


The Bull Moose

Posts: 8571
Re: American Supreme Court is better ....
Reply #77 - Aug 21st, 2017 at 5:16pm
 
longweekend58 wrote on Aug 21st, 2017 at 5:09pm:
Auggie wrote on Aug 21st, 2017 at 4:58pm:
Bobby. wrote on Aug 21st, 2017 at 4:52pm:
Auggie wrote on Aug 21st, 2017 at 4:44pm:
Hell no!

The Supreme Court of the United States has completely exceeded its constitutional bounds. The judiciary's role is not to make laws; it's to interpret them.

Another complaint about the SCOTUS is that it basically acts as a permanent constitutional council - Woodrow Wilson pretty well said as much when he was President.

I much prefer the British system - the doctrine of parliamentary sovereignty: the Parliament reigns supreme. The judiciary is independent but has power to overturn legislation passed by the Parliament.

That's how it should be.



I remember a TV series called Alistair Cooke's America.

He explained the Supreme Court so well.
I wish I could find the quote.
He had much praise for the founding Fathers of the USA
who foresaw the need for a court that would change laws

as it became necessary.
It was sort of a built in redundancy so that silly laws could be changed.

Absurdities can arise -
I gave an example:

hypothetical -

President Putin decides that all Australian politicians are automatically Russian citizens -
then by our law our whole Govt. would collapse over night.


Incorrect, the Founding Fathers of the US did not create a Supreme Court for that purpose; that was never the original intention. The court decision which started the tradition of Judicial Review was Marbury vs. Madison in 1803 (???). This was the first decision in which the court struck down a law because it was repugnant to the Constitution.

After the decision, Thomas Jefferson was appalled by the Supreme's Court ruling. He stated that the function of the Court SHOULD NOT be to determine matters related to the Constitution because it was open to abuse.


not a lot of point in having a constitution if there is not a body that can uphold it. Russia and CHina all have constitutions that they regularly ignore simply because there is no one to uphold it.


The American Constitution had many shortcomings. An alternative to giving the Supreme Court to determine constitutional issues is to establish a secondary court which rules solely on constitutional/bill of rights issues. Such a court would consist of judges or arbiters who held offices for a fixed term of 6 - 9 years (not re-eligible).
Back to top
 

The Progressive President
 
IP Logged
 
Panther
Gold Member
*****
Offline


My Heart beats True for
the Red White & Blue...

Posts: 11399
Gender: male
Re: American Supreme Court is better ....
Reply #78 - Aug 21st, 2017 at 5:18pm
 
Aussie wrote on Aug 21st, 2017 at 4:56pm:
Bobby. wrote on Aug 21st, 2017 at 4:36pm:
Dnarever wrote on Aug 21st, 2017 at 7:15am:
he's a dinky die ridgy didge true blue fair dinkum Aussie
- who happens to be a citizen of NZ.

By the way So were all the others who had to resign, you think they should be recalled ????



We shall see how good our High Court is.
I wish they would hurry up & make a judgement.

Also - if the High Court chucks out all those people
does it
make the laws they voted for invalid?



No.


I agree, but I would think, based on the reasons the law exists in the first place, that all laws passed by a tainted government should, at least, be up for review.

If not, IMHO, then the law is a sham, for it would mean no possible harm whatsoever would or could befall any government with members considered to be beholden to foreign powers  & or governments, prior to their removal.

Wouldn't that be a logical conclusion? Undecided 

Back to top
 

"When the People fear government there is Tyranny;
When government fears the People there is Freedom & Liberty!"

'
Live FREE or DIE!
'
 
IP Logged
 
longweekend58
Gold Member
*****
Offline


Australian Politics

Posts: 45675
Gender: male
Re: American Supreme Court is better ....
Reply #79 - Aug 21st, 2017 at 5:23pm
 
Auggie wrote on Aug 21st, 2017 at 5:12pm:
longweekend58 wrote on Aug 21st, 2017 at 5:08pm:
Bobby. wrote on Aug 21st, 2017 at 4:52pm:
Auggie wrote on Aug 21st, 2017 at 4:44pm:
Hell no!

The Supreme Court of the United States has completely exceeded its constitutional bounds. The judiciary's role is not to make laws; it's to interpret them.

Another complaint about the SCOTUS is that it basically acts as a permanent constitutional council - Woodrow Wilson pretty well said as much when he was President.

I much prefer the British system - the doctrine of parliamentary sovereignty: the Parliament reigns supreme. The judiciary is independent but has power to overturn legislation passed by the Parliament.

That's how it should be.



I remember a TV series called Alistair Cooke's America.

He explained the Supreme Court so well.
I wish I could find the quote.
He had much praise for the founding Fathers of the USA
who foresaw the need for a court that would change laws
as it became necessary.
It was sort of a built in redundancy so that silly laws could be changed.

Absurdities can arise -
I gave an example:

hypothetical -

President Putin decides that all Australian politicians are automatically Russian citizens -
then by our law our whole Govt. would collapse over night.


why do you persist in repeating STUPID CRAP????  You've already had it explained to you that SCOTUS does not make law. Nor does it invalidate law with the singular exception of when it conflicts with an existing superior law or the constitution. It is the legal UMPIRE, not a law-maker.

Persisting in your stupidity does not improve your already poor record for being dumb.


Factually not correct, longy. The Supreme Court was considered by Woodrow Wilson to be a 'permanent Constitution council' to revise the Constitution as they believed fit.

When the Supreme Court made the decision in favour of 'separate but equal' facilities for blacks and whites, was it interpreting the Constitution or making laws? Don't forget this was after the Civil War and the passage of the 13th, 14th, and 15th amendments.

50 years later said Supreme Court overturned the decision in Brown vs. Board of Education.





Woodraw Wilson could think what he wanted, but it did not change the immutable fact that only a vote of the people could alter the constitution. SCOTUS was there to prevent breaches of the constitution, not alter it at their wishes.

I'm not sure what you think by your examples. I dont know if it was right or not, nor do I care  and nor does it matter in this discussion. Court's routinely overturn decisions based on either better arbitration or better arguments.

What truly separates great countries from the lesser ones is a powerful record of constitutional protection and the rule of law. Not perfect by any means but USA Australia UK and the like have that record while third world banana republics do not. Russia is the dismal economic failure that it is because they do not have true democracy and a system of constitutional and legislative law.
Back to top
 

AUSSIE: "Speaking for myself, I could not care less about 298 human beings having their life snuffed out in a nano-second, or what impact that loss has on Members of their family, their parents..."
 
IP Logged
 
Aussie
Gold Member
*****
Online


OzPolitic

Posts: 38535
Gender: male
Re: American Supreme Court is better ....
Reply #80 - Aug 21st, 2017 at 5:25pm
 
Logical.....maybe....but there are many situations in Law where the position is that where something done by a person in a role....is not found totally invalid or void because that person was ineligible to do that something.
Back to top
 
 
IP Logged
 
longweekend58
Gold Member
*****
Offline


Australian Politics

Posts: 45675
Gender: male
Re: American Supreme Court is better ....
Reply #81 - Aug 21st, 2017 at 5:27pm
 
Auggie wrote on Aug 21st, 2017 at 5:13pm:
longweekend58 wrote on Aug 21st, 2017 at 5:11pm:
Auggie wrote on Aug 21st, 2017 at 5:08pm:
Point of note:

The ability of the President to return Bills (commonly known as the 'veto') was considered to be the mechanism by which unconstitutional or 'bad' bills would be rejected.


so that assumes an obviously partisan and compromised person such as the President would naturally choose to do the 'right thing' all the time? To say nothing about a President needing to be a skilled constitutional lawyer and scholar.

such naievete


Naivete on part of the Founding Fathers, indeed, given that they were the ones who stated this.

The Founding Fathers envisioned a Presidency that was NON-PARTISAN, NON-POLITICAL, and that's why the Electoral College was established.


And how dumb was that!  Same as our constitution that wanted the Senate to be a non-political States House. That silly idea lasted two weeks at best.

And i make the same argument for being against an elected Head of State in an Australian Republic. If you are voted on, then you need to campaign. If you need to campaign then you need to make promises. Ergo, a politician. You cannot have a non-partisan, no-politician official that is voted in. It was a truly dumb idea. Fortunately, most of the rest of their ideas worked out well and are currently keeping the insane resident of the WH caged.
Back to top
 

AUSSIE: "Speaking for myself, I could not care less about 298 human beings having their life snuffed out in a nano-second, or what impact that loss has on Members of their family, their parents..."
 
IP Logged
 
longweekend58
Gold Member
*****
Offline


Australian Politics

Posts: 45675
Gender: male
Re: American Supreme Court is better ....
Reply #82 - Aug 21st, 2017 at 5:28pm
 
Aussie wrote on Aug 21st, 2017 at 5:25pm:
Logical.....maybe....but there are many situations in Law where the position is that where something done by a person in a role....is not found totally invalid or void because that person was ineligible to do that something.


Plus, the only outcome that could result from invalidating the votes of 12 years of parliamentary service is massive chaos and legal unknowns. No one wants to go down that path because there are no winners.
Back to top
 

AUSSIE: "Speaking for myself, I could not care less about 298 human beings having their life snuffed out in a nano-second, or what impact that loss has on Members of their family, their parents..."
 
IP Logged
 
Auggie
Gold Member
*****
Offline


The Bull Moose

Posts: 8571
Re: American Supreme Court is better ....
Reply #83 - Aug 21st, 2017 at 5:31pm
 
longweekend58 wrote on Aug 21st, 2017 at 5:23pm:
but it did not change the immutable fact that only a vote of the people could alter the constitution.


Incorrect, the Constitution of US can only be changed by a three-quarters of the State Legislatures ratifying said amendment.

longweekend58 wrote on Aug 21st, 2017 at 5:23pm:
SCOTUS was there to prevent breaches of the constitution, not alter it at their wishes.


SCOTUS was there to interpret law as Jefferson stated later on. Do you know better than the Founders? longweekend58 wrote on Aug 21st, 2017 at 5:23pm:
Not perfect by any means but USA Australia UK


The Supreme Court of the UK has no power to overturn legislation like SCOTUS and the High Court does.

This is the principle of 'parliamentary sovereignty' - that the Parliament is supreme.

The UK Parliament could pass a law tomorrow deporting all British Muslims and the Supreme Court would couldn't do a single thing.

If you ask me, the British have a better history of protecting civil rights of its subjects than America ever did.

So, in actual fact, having a Supreme Court doesn't necessarily mean that the country has a better system of 'rule of law'.
Back to top
 

The Progressive President
 
IP Logged
 
Auggie
Gold Member
*****
Offline


The Bull Moose

Posts: 8571
Re: American Supreme Court is better ....
Reply #84 - Aug 21st, 2017 at 5:32pm
 
Aussie wrote on Aug 21st, 2017 at 5:25pm:
Logical.....maybe....but there are many situations in Law where the position is that where something done by a person in a role....is not found totally invalid or void because that person was ineligible to do that something.


What the hell does that mean?
Back to top
 

The Progressive President
 
IP Logged
 
lovely lips
Full Member
***
Offline


Australian Politics

Posts: 116
Gender: female
Re: American Supreme Court is better ....
Reply #85 - Aug 21st, 2017 at 5:34pm
 
Panther wrote on Aug 21st, 2017 at 5:18pm:
Aussie wrote on Aug 21st, 2017 at 4:56pm:
Bobby. wrote on Aug 21st, 2017 at 4:36pm:
Dnarever wrote on Aug 21st, 2017 at 7:15am:
he's a dinky die ridgy didge true blue fair dinkum Aussie
- who happens to be a citizen of NZ.

By the way So were all the others who had to resign, you think they should be recalled ????



We shall see how good our High Court is.
I wish they would hurry up & make a judgement.

Also - if the High Court chucks out all those people
does it
make the laws they voted for invalid?



No.


[font=Georgia][size=11][i]I agree, but I would think, based on the reasons the law exists in the first place, that all laws passed by a tainted government should, at least, be up for review.




Right. Policies like Obamacare should be invalid due to a government led by a tinted foreign monkey in a tree.

Hussein Obama's laws are up for review alright. Trump's going through them, one by one. He's making America great again one step at a time. First step, get rid of the gorilla. Second step, abandon his key policies.

Third step, incarcerate the Muslim scumbag and his paedophile witch Hillary. 
Back to top
 
 
IP Logged
 
Auggie
Gold Member
*****
Offline


The Bull Moose

Posts: 8571
Re: American Supreme Court is better ....
Reply #86 - Aug 21st, 2017 at 5:34pm
 
longweekend58 wrote on Aug 21st, 2017 at 5:27pm:
And i make the same argument for being against an elected Head of State in an Australian Republic. If you are voted on, then you need to campaign. If you need to campaign then you need to make promises. Ergo, a politician. You cannot have a non-partisan, no-politician official that is voted in. It was a truly dumb idea. Fortunately, most of the rest of their ideas worked out well and are currently keeping the insane resident of the WH caged.


I totally agree with you on this point.

If we had a Republic, I would support an unelected President.
Back to top
 

The Progressive President
 
IP Logged
 
longweekend58
Gold Member
*****
Offline


Australian Politics

Posts: 45675
Gender: male
Re: American Supreme Court is better ....
Reply #87 - Aug 21st, 2017 at 5:36pm
 
Auggie wrote on Aug 21st, 2017 at 5:16pm:
longweekend58 wrote on Aug 21st, 2017 at 5:09pm:
Auggie wrote on Aug 21st, 2017 at 4:58pm:
Bobby. wrote on Aug 21st, 2017 at 4:52pm:
Auggie wrote on Aug 21st, 2017 at 4:44pm:
Hell no!

The Supreme Court of the United States has completely exceeded its constitutional bounds. The judiciary's role is not to make laws; it's to interpret them.

Another complaint about the SCOTUS is that it basically acts as a permanent constitutional council - Woodrow Wilson pretty well said as much when he was President.

I much prefer the British system - the doctrine of parliamentary sovereignty: the Parliament reigns supreme. The judiciary is independent but has power to overturn legislation passed by the Parliament.

That's how it should be.



I remember a TV series called Alistair Cooke's America.

He explained the Supreme Court so well.
I wish I could find the quote.
He had much praise for the founding Fathers of the USA
who foresaw the need for a court that would change laws

as it became necessary.
It was sort of a built in redundancy so that silly laws could be changed.

Absurdities can arise -
I gave an example:

hypothetical -

President Putin decides that all Australian politicians are automatically Russian citizens -
then by our law our whole Govt. would collapse over night.


Incorrect, the Founding Fathers of the US did not create a Supreme Court for that purpose; that was never the original intention. The court decision which started the tradition of Judicial Review was Marbury vs. Madison in 1803 (???). This was the first decision in which the court struck down a law because it was repugnant to the Constitution.

After the decision, Thomas Jefferson was appalled by the Supreme's Court ruling. He stated that the function of the Court SHOULD NOT be to determine matters related to the Constitution because it was open to abuse.


not a lot of point in having a constitution if there is not a body that can uphold it. Russia and CHina all have constitutions that they regularly ignore simply because there is no one to uphold it.


The American Constitution had many shortcomings. An alternative to giving the Supreme Court to determine constitutional issues is to establish a secondary court which rules solely on constitutional/bill of rights issues. Such a court would consist of judges or arbiters who held offices for a fixed term of 6 - 9 years (not re-eligible).


that is an efficiency measure and little else. But being americans they would ELECT their judges and so make them as partisan and corrupt as everyday politicians. What mindless insanity exists to ELECT judges on any court?
Back to top
 

AUSSIE: "Speaking for myself, I could not care less about 298 human beings having their life snuffed out in a nano-second, or what impact that loss has on Members of their family, their parents..."
 
IP Logged
 
Auggie
Gold Member
*****
Offline


The Bull Moose

Posts: 8571
Re: American Supreme Court is better ....
Reply #88 - Aug 21st, 2017 at 5:37pm
 
lovely lips wrote on Aug 21st, 2017 at 5:34pm:
Panther wrote on Aug 21st, 2017 at 5:18pm:
Aussie wrote on Aug 21st, 2017 at 4:56pm:
Bobby. wrote on Aug 21st, 2017 at 4:36pm:
Dnarever wrote on Aug 21st, 2017 at 7:15am:
he's a dinky die ridgy didge true blue fair dinkum Aussie
- who happens to be a citizen of NZ.

By the way So were all the others who had to resign, you think they should be recalled ????



We shall see how good our High Court is.
I wish they would hurry up & make a judgement.

Also - if the High Court chucks out all those people
does it
make the laws they voted for invalid?



No.


[font=Georgia][size=11]I agree, but I would think, based on the reasons the law exists in the first place, that all laws passed by a tainted government should, at least, be up for review.




Right. Policies like Obamacare should be invalid due to a government led by a tinted foreign monkey in a tree.

Hussein Obama's laws are up for review alright. Trump's going through them, one by one. He's making America great again one step at a time. First step, get rid of the gorilla. Second step, abandon his key policies.

Third step, incarcerate the Muslim scumbag. 


Obamacare should've been unconstitutional because Congress has no power to make laws with respect to healthcare in the United States, but I see your point.

In fact, there is a judicial doctrine in America called [i]substantive due process
in which the Court may overturn legislation if they believe it infringes on the rights of an individual.
Back to top
 

The Progressive President
 
IP Logged
 
longweekend58
Gold Member
*****
Offline


Australian Politics

Posts: 45675
Gender: male
Re: American Supreme Court is better ....
Reply #89 - Aug 21st, 2017 at 5:38pm
 
Auggie wrote on Aug 21st, 2017 at 5:31pm:
longweekend58 wrote on Aug 21st, 2017 at 5:23pm:
but it did not change the immutable fact that only a vote of the people could alter the constitution.


Incorrect, the Constitution of US can only be changed by a three-quarters of the State Legislatures ratifying said amendment.

longweekend58 wrote on Aug 21st, 2017 at 5:23pm:
SCOTUS was there to prevent breaches of the constitution, not alter it at their wishes.


SCOTUS was there to interpret law as Jefferson stated later on. Do you know better than the Founders? longweekend58 wrote on Aug 21st, 2017 at 5:23pm:
Not perfect by any means but USA Australia UK


The Supreme Court of the UK has no power to overturn legislation like SCOTUS and the High Court does.

This is the principle of 'parliamentary sovereignty' - that the Parliament is supreme.

The UK Parliament could pass a law tomorrow deporting all British Muslims and the Supreme Court would couldn't do a single thing.

If you ask me, the British have a better history of protecting civil rights of its subjects than America ever did.

So, in actual fact, having a Supreme Court doesn't necessarily mean that the country has a better system of 'rule of law'.



Did not know that. Thanks. It does not however change my argument that SCOTUS does not and should not be able to alter the constitution.
Back to top
 

AUSSIE: "Speaking for myself, I could not care less about 298 human beings having their life snuffed out in a nano-second, or what impact that loss has on Members of their family, their parents..."
 
IP Logged
 
Pages: 1 ... 4 5 6 7 8 ... 19
Send Topic Print