Current Topics
The Homeless
by Jeffery J. Haas
Today at 04:33 AM
The Democratic Plan
by pondering_it_all
Yesterday at 02:18 AM
gas lighting and the meda
by Jeffery J. Haas
06/18/18 11:28 PM
small (SMR) and very small (VSMR) nuclear reactors
by jgw
06/18/18 08:01 PM
RoundTable for June 2018
by pondering_it_all
06/17/18 11:12 PM
Dems are going to lose, in Washington, California and Louisiana
by rporter314
06/17/18 02:41 AM
Lying with Impunity
by matthew
06/16/18 10:13 PM
G6 plus one
by NW Ponderer
06/15/18 05:19 AM
The 9.9 Percent Is the New American Aristocracy
by pondering_it_all
06/14/18 11:14 PM
Antarctica lost 3 trillion tonnes of ice in blink of an eye
by matthew
06/14/18 10:11 PM
Da Singapore Summit!
by pondering_it_all
06/13/18 03:29 AM
What if Star Wars never happened?
by pondering_it_all
06/10/18 05:33 PM
Anthony Bourdain
by pondering_it_all
06/10/18 05:20 PM
What it will take to curb the President
by pondering_it_all
06/09/18 05:48 AM
The failure of the public school system
by pondering_it_all
06/08/18 11:10 PM
Sorting it out
by logtroll
06/06/18 10:40 PM
TrumpTrade
by jgw
06/05/18 07:31 PM
Allam Cycle - Zero Emissions Nat Gas Power Plant
by pondering_it_all
06/04/18 08:23 PM
The American Dream
by Jeffery J. Haas
06/02/18 10:08 PM
Ranking All 10 Star Wars Movies Worst to Best
by rporter314
06/01/18 02:56 PM
Forum Stats
6248 Members
58 Forums
16290 Topics
280410 Posts

Max Online: 294 @ 12/06/17 12:57 AM
Google Adsense
Topic Options
#306821 - 05/22/18 02:28 PM The End of the Independent Judiciary
NW Ponderer Offline
Moderator
Carpal Tunnel

Registered: 09/09/11
Posts: 15967
It has been forgotten by many, but "the New Deal" legislation was brazenly opposed and successfully undermined by a small but determined minority of individuals. Those individuals were nicknamed, The Four Horsemen by the press - a direct, and poignant reference to the the Four Horsemen of the Apocalypse. So, who were these master manipulators? A bloc of ultra-conservatives, who just happened to control the Supreme Court of the United States.

It is hard to remember just how bad things were then. A string of corrupt Republicans had run the world economy into the ditch pursuing economic policies that were detached from empirical processes, millions were starving, Communists were to blame for everything while totalitarians were lauded for their decisiveness. The Supreme Court had been under the thumb of a cabal of judicial activists for nearly 40 years, willing to strike down any law, State or federal, that threatened corporate hegemony. The "Lochner era" is looked at as the nadir of judicial thought, "a cautionary tale of judicial overreaching" criticized on both the left and the right. It was a period when
Quote:
American judges steeped in laissez-faire economic theory, who identified with the nation’s capitalist class and harbored contempt for any effort to redistribute wealth or otherwise meddle with the private marketplace, acted on their own economic and political biases to strike down legislation that threatened to burden corporations or disturb the existing economic hierarchy. In order to mask this fit of legally unjustified, intellectually dishonest judicial activism, the progressive interpretation runs, judges invented novel economic “rights” — most notably “substantive due process” and “liberty of contract” — that they engrafted upon the Due Process Clause of the Fourteenth Amendment.
Sound familiar?

It's back now, with a vengeance, and abetted by perhaps the most venal, corrupt Congress the United States has yet endured. With the anti-constitutional usurpation of the appointment power, Mitch McConnell has almost single-handedly destroyed its legitimacy, and burdened the nation with a new Four Horsemen, who have unabashedly attacked the very foundations of judicial precedent and established ever more creative and flimsy pretexts for imposing their personal biases and warped views on a reeling nation.

Like their forebears who nearly destroyed a country in the throes of its worst economic crisis, this Court is poised to do even more radical violence to our constitutional foundations and the nation at large, and their work has hardly begun. They took a big step yesterday. It took decades to recover the last time, and this group is far worse. If you thought Citizens United was bad, you're in for some eye-opening terror. If we survive it at all - and that is a legitimate if - this will be seen as worse than the Lochner Era. Buckle up.
_________________________
A well reasoned argument is like a diamond: impervious to corruption and crystal clear - and infinitely rarer.

Here, as elsewhere, people are outraged at what feels like a rigged game -- an economy that won't respond, a democracy that won't listen, and a financial sector that holds all the cards. - Robert Reich

Top
#306859 - 05/30/18 10:15 PM Re: The End of the Independent Judiciary [Re: NW Ponderer]
matthew Offline
newbie

Registered: 03/24/16
Posts: 347
'
It will be made infinitely worse by Trump's appointments to the lower courts.

Almost the first thing Hitler did was to pack the German judiciary with his supports --- once he had done that, he had secure control over the German state.
.
_________________________
Once, weapons were manufactured to fight wars; today, wars are manufactured to sell weapons

It is far easier to deceive folks than to convince them they are deceived

Top

Who's Online
0 registered (), 46 Guests and 1 Spider online.
Key: Admin, Global Mod, Mod
Newest Members
TrentonP, Nosf50, erumonej, Jensen Breck, Albertapkr
6248 Registered Users
A2