What happens when one branch of the government exceeds its authority?

Discussion in 'Political Opinions & Beliefs' started by Lee Atwater, Jul 5, 2022.

  1. FreshAir

    FreshAir Well-Known Member Past Donor

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    so Biden can transfer funds too
     
  2. Lee Atwater

    Lee Atwater Well-Known Member Donor

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    Here's a piece of a really fascinating discussion on the Constitution including one of the foremost authorities of the document.

    Yeah, so if you were starting from scratch today, what would you do? You need the court — if you’re going to give the court this like incredible policymaking power — because that’s what judicial review is. It’s not just deciding cases. If you’re going to give them that kind of power, you need them to be independent, so they can function as a court. But you need somehow to balance it with the degree of accountability, so they can’t veer too far off.

    So if you look at modern constitutions, what they typically do is they have courts with judges who have limited terms that are staggered. They require supermajorities to get onto the court, which forces a kind of centrist appointment. They make their constitutions easier to amend because they thought this through and recognized what they need to do.

    And so you can give the judges lots of independence, but the branch will never veer too far. So when our Constitution was written since no one was imagining anything remotely like the modern court or that kind of power, they were all focused on the decisions in individual cases, and they made it super independent.

    So when the court began to assert that power and they had to figure out what can we do to reign it in, they used the tools that they actually the Constitution made available. Although, they weren’t put there for that reason. Like, Congress controls the composition of the court. So you can add justices, court packing.

    https://www.nytimes.com/2022/07/05/opinion/ezra-klein-podcast-larry-kramer.html?showTranscript=1
     
  3. Lee Atwater

    Lee Atwater Well-Known Member Donor

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    You asserted, erroneously, the EPA was exercising authority it was not given by Congress. That was achieved by the Clear Skies Act.
     
  4. popscott

    popscott Well-Known Member Donor

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    The legislative branch doing the job of the executive branch... exceeding its authority by doing criminal investigation intended for the executive branch.. done by a handpicked panel by Pelosi that all have already voted to impeach Trump... only a 9 member panel that should be 13... not by McCarthy choice, but by Pelosi's rule. The legislative branch does have authority to investigate and subpoena folks over legislative issues... like why the security was inadequate after forewarning and 10,000 guards authorized for the Capitol police and overseers Pelosi and ilk..they failed at their jobs to protect the capitol..no excuses.
    Here is a good one for you
    https://news.yahoo.com/rep-zoe-lofgren-says-she-113721918.html

    One of the committee members asks the question of all questions..
    “We’re not an arm of the Department of Justice,” Lofgren told NBC’s “Meet The Press.” “We’re a legislative committee. The DOJ have subpoena power. They could subpoena Ms. Hutchinson. I’m surprised they had not done so.”
    “I was surprised that the prosecutors were surprised,” Lofgren continued. “What are they doing over there? They have a much greater opportunity to enforce their subpoenas than our legislative committee does.”

    Asked if Ornato was under oath when questioned before... this lady did everything but answer the question.

    Obviously Ornato is not as credible as the lying Hutchinson... the lady said Ornato's memory does not seem as precise as Hutchinson... now that is rich right there.


     
  5. Zorro

    Zorro Well-Known Member

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    Did you even read your own links? The Sierra Club isn't a branch of government. If Congress wants to authorize the kind of suits that the Sierra Club brought, they are free to so state.

    US-Mexico Border Is World's "Deadliest" Land-Crossing: UN Study

    [​IMG]

    "When that many people come across the border, it’s just a matter of math...
    "

    Up to 8 of every 10 Central American women that illegally cross this border are raped in the process. That some of the Left fights to keep these rape routes open boggles the mind. These are deadly illegal crossings and Trump was right to work so hard to close them, and the next GOP president will pick the job back up, and we will stop the illegal crossings.

    Safe and Legal crossings are welcome.

    Under the deadly supervision of Biden and the Dems "a historic high of 728 recorded immigrant deaths and disappearances along the U.S.-Mexico border crossing in 2021 has made the land crossing the deadliest in the world, according to the study conducted by the United Nations agency, the International Organization for Migration (IOM)."

    We just had the deadliest known smuggling incident "in American history: the discovery of 53 bodies in a tractor-trailer packed with 67 illegal immigrants in San Antonio on June 27."

    Imagine the hell that the 14 survivors experienced, locked into that boiling truck, abandoned by the paid cartel coyotes, watching all those people die.

    In just this May, "border patrol agents from Brownsville, Texas, to San Diego apprehended 232,628 illegal border crossers in May—the highest monthly total in 23 years. In the same month, 79 illegal immigrants were found dead or died while crossing the border, according to the CBP data."

    It's just horrible what Biden and some of the Left are fighting so hard to continue. Terrible. Vote in Nov, and vote for folks that will shut down this illegal deadly and cruel trafficking that too many on the Left fight to keep in place.
     
  6. Steady Pie

    Steady Pie Well-Known Member Past Donor

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    Congress is checked by the courts through rulings.

    The executive is checked by the courts through rulings, and through the Congress by impeachment.

    Congress is checked by the court through rulings and by the people through the election of House members in their local electorate and Senate members in their state.

    _____________________

    No written system is self-executing, if under blatant assault you're in a constitutional crisis. Who exactly gets to decide that and for what cause is precisely why they call it a constitutional crisis.
     
  7. Condor060

    Condor060 Banned Donor

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    Wrong, Every president has had the authority which is how Obama got away with sending billions in cash to terrorist.
    Your lefty judge got it wrong and got her idiotic ruling slapped down by the SCOTUS.
     

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