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Originally Posted by dksuddeth
I'm betting that you wouldn't have such an expansive view of the general welfare clause if the courts called taxes to pay for blackwater/Xe to provide urban security against leftwing protesters as constitutional.
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You're not reading what I'm writing. I'd be of the opinion that such funding is a terrible idea, but if the SCOTUS declared it constitutional, it would be constitutional. That's how this works.
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Originally Posted by KirStang
You know, that is all and well, until you consider that those constitution-defying decisions were influenced under threat of 'packing' the court with Justices who WILL ratify the legislation.
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Only that's not how it happened. Congress never ever would have passed such legislation and everyone, including the old men on the bench, knew it. Congressional conservatives and liberals weren't quiet about it either.
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Originally Posted by KirStang
It is right to say, "Yes, the SCOTUS decides and that's how it is." But it's also worth noting that sometimes, the SCOTUS is not above politics in deciding what is best for the nation.
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I once made the argument that many SCOTUS decisions were politically motivated, and that some of the justices were clearly biased. You should ask Cynth, Jazz, and Loq if the Supreme Court has political biases.
You're right, the Supreme Court can and does sometimes use political beliefs and the atmosphere to factor into decisions, regardless of what SCOTUS apologists might say. Still, despite the fact that we may not agree with their decisions, those decisions are the law. I can't suggest overturning political decisions I disagree with without suggesting overturning everything from Roe v. Wade to Brown v. Board of Education to Lawrence v. Texas.
I don't agree with everything the legislative or executive does either, but I know when laws are voted through the house and senate and get the president's signature, they're law.