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#306821 - 05/22/18 02:28 PM The End of the Independent Judiciary
NW Ponderer Offline
Moderator
Carpal Tunnel

Registered: 09/09/11
Posts: 16229
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

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#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: 353
'
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

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#307179 - 06/30/18 06:56 AM Re: The End of the Independent Judiciary [Re: matthew]
NW Ponderer Offline
Moderator
Carpal Tunnel

Registered: 09/09/11
Posts: 16229
I was genuinely astounded that Alito cited to a Lochner-era precedent in his Janus v. AFSCME opinion. That case has been so thoroughly discredited that no rational jurist would rely upon it. Seriously. That accurately describes the absolute paucity of intellect involved. We are in for dark days. Dark ages, even. A New Lochner Era - Slate. It's really not possible to capture how bad this is. The current four horsemen are about to be joined by a fifth. It took 40 years to recover from Lochner. This could destroy the United States Constitution. That is no exaggeration. Voting rights, gone; elections, stacked. Equal justice; due process; fair trials; limitations on police; constraints on the President - all the hallmarks of "liberal democracy," those principles that the Constitution has stood for for centuries. And elections won't matter, because the court can undo or block them.

If ever there is a time to stand up, this is it. If you didn't vote for Hillary Clinton, this is your fault, period. No excuse suffices.

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#307182 - 06/30/18 07:44 PM Re: The End of the Independent Judiciary [Re: NW Ponderer]
Greger Offline

Pooh-Bah

Registered: 11/24/06
Posts: 14268
Loc: Florida
Quote:
If ever there is a time to stand up, this is it. If you didn't vote for Hillary Clinton, this is your fault, period. No excuse suffices.

But NWP, you just don't understand! It's the Democrats fault...her emails...the leadership...third way...corporate...status quo...progressives will fix this...the Bernie plan...
_________________________
"Be yourself; everyone else is already taken."— Oscar Wilde

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#307193 - 07/01/18 02:17 AM Re: The End of the Independent Judiciary [Re: NW Ponderer]
Jeffery J. Haas Offline


Pooh-Bah

Registered: 08/03/04
Posts: 13293
Loc: Whittier, California
_________________________
"He wakes up in the morning, ****s all over Twitter, ****s all over us, ****s all over his staff, then hits golf balls."
---Congressman Peter King

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#307200 - 07/01/18 03:49 PM Re: The End of the Independent Judiciary [Re: NW Ponderer]
chunkstyle Offline
journeyman

Registered: 10/02/07
Posts: 973
[quote=If ever there is a time to stand up, this is it. If you didn't vote for Hillary Clinton, this is your fault, period. No excuse suffices. [/quote]

There is enough evidence that shows defections to third party candidates or opposition candidates from primary supporters to refute this silly logic that it was the reason were in the mess were in. Nothing up until the election could have been responsible, no policies or miscalculations. Nothing to learn here on team blue. No alternative paths or course corrections. History has only begun and ended with this past election when the candidates announced their intentions to run.
Don't look to the British snap elections nor the most recent presidential election of Mexico, Organized labor strikes in Red states, etc...
No, it's because of an imaginary number of defections from a historically unpopular democratic candidate that the democratic party machine insisted on. That must be the reason. I see the truth of it and not the 3 decades I've just lived thru.


Edited by chunkstyle (07/01/18 03:50 PM)

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#307202 - 07/01/18 04:38 PM Re: The End of the Independent Judiciary [Re: chunkstyle]
NW Ponderer Offline
Moderator
Carpal Tunnel

Registered: 09/09/11
Posts: 16229
Chunk, just admit it. You are the problem. wink

I think, by and large, the voting population simply didn't see the Supreme Court as the issue that it was in the 2016 election, consistent with past history. I am more sensitive to it, since that is the bailiwick that I've lived in for 30+ years. Now, alas, it is too late. (By the way, cs, I don't think you can establish your claim empirically. To wit: Family Feud: Democratic Activists v. Dem...tained Majority.)

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#307208 - 07/01/18 07:30 PM Re: The End of the Independent Judiciary [Re: NW Ponderer]
Jeffery J. Haas Offline


Pooh-Bah

Registered: 08/03/04
Posts: 13293
Loc: Whittier, California
Originally Posted By: NW Ponderer
(By the way, cs, I don't think you can establish your claim empirically. To wit: Family Feud: Democratic Activists v. Dem...tained Majority.)


NWP, you need to get your sarcasm detector tuned. wink
_________________________
"He wakes up in the morning, ****s all over Twitter, ****s all over us, ****s all over his staff, then hits golf balls."
---Congressman Peter King

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#307209 - 07/01/18 07:38 PM Re: The End of the Independent Judiciary [Re: NW Ponderer]
pondering_it_all Offline
veteran

Registered: 02/27/06
Posts: 7923
Loc: North San Diego County
All of those different things combined to give us Trump. Just about any single one of them could have given Clinton a win. It's no use arguing over it. We're all right.

If third-party voters and Sanders supporters had turned out and voted for Clinton, we would not have Trump appointing his second SC nomination now. If Comey had timed his press releases differently, we would not have Trump appointing his second SC nomination now. If the Russian Troll Farm had not attacked relentlessly, we would not have Trump appointing his second SC nomination now. If Republicans had not spent the last 30 years defaming the Clintons, we would not have Trump appointing his second SC nomination now.

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#307210 - 07/01/18 08:38 PM Re: The End of the Independent Judiciary [Re: pondering_it_all]
NW Ponderer Offline
Moderator
Carpal Tunnel

Registered: 09/09/11
Posts: 16229
Thanks, Pia, for pointing out the main point.

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