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	<title>Comments on: Still The Least Dangerous Branch</title>
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		<title>By: charles austin</title>
		<link>http://www.outsidethebeltway.com/archives/still_the_least_dangerous_branch/comment-page-1/#comment-360523</link>
		<dc:creator>charles austin</dc:creator>
		<pubDate>Sat, 10 May 2008 03:01:55 +0000</pubDate>
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		<description>Nothing in the law is ever final.  All I can ever get out of my attorney is an opinion.</description>
		<content:encoded><![CDATA[<p>Nothing in the law is ever final.  All I can ever get out of my attorney is an opinion.</p>
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		<title>By: teqjack</title>
		<link>http://www.outsidethebeltway.com/archives/still_the_least_dangerous_branch/comment-page-1/#comment-360512</link>
		<dc:creator>teqjack</dc:creator>
		<pubDate>Sat, 10 May 2008 00:20:09 +0000</pubDate>
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		<description>&quot;As the final arbiters... SCOTUS is the most powerful body.&quot; 
 
Well... sort of. But take, for example, &lt;i&gt;Kelo&lt;/i&gt; - the Court itself noted that legislatures across the country could change things, and in fact begged them to do so. Final? Nope.</description>
		<content:encoded><![CDATA[<p>"As the final arbiters... SCOTUS is the most powerful body." </p>
<p>Well... sort of. But take, for example, <i>Kelo</i> - the Court itself noted that legislatures across the country could change things, and in fact begged them to do so. Final? Nope.</p>
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		<title>By: DL</title>
		<link>http://www.outsidethebeltway.com/archives/still_the_least_dangerous_branch/comment-page-1/#comment-360449</link>
		<dc:creator>DL</dc:creator>
		<pubDate>Fri, 09 May 2008 20:15:30 +0000</pubDate>
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		<description>Did the SC interpret or did they create out of opportunity what they called emminations from penumbras or some other crap talk to create from thin air a right to privacy from the Constitution. That&#039;s creating law. The power to interpret arbitrarily without fear of immpeachment is making law in my book.</description>
		<content:encoded><![CDATA[<p>Did the SC interpret or did they create out of opportunity what they called emminations from penumbras or some other crap talk to create from thin air a right to privacy from the Constitution. That's creating law. The power to interpret arbitrarily without fear of immpeachment is making law in my book.</p>
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		<title>By: G.A.Phillips</title>
		<link>http://www.outsidethebeltway.com/archives/still_the_least_dangerous_branch/comment-page-1/#comment-360366</link>
		<dc:creator>G.A.Phillips</dc:creator>
		<pubDate>Fri, 09 May 2008 18:38:41 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2008/05/the_least_dangerous_branch/#comment-360366</guid>
		<description>&lt;blockquote&gt;And the court didn&#039;t &quot;get 40+million babies murdered,&quot; they merely allowed private individual citizens the right to do it.&lt;/blockquote&gt;

The court made the wishes of the few seem acceptable against the will of the majority, witch was made to seem like it never existed or mattered, so I&#039;ll blame court as the branch most dangerous to a citizen getting a chance at a first breath let alone a vote. Now you can argue that what 40+ million vote them selves into as being more dangerous but can&#039;t you see what 40+ million put to death without a chance and the fact that half this country now thinks it&#039;s no big deal because of it to be a realists summation of cause and effect of the most harmful?</description>
		<content:encoded><![CDATA[<blockquote><p>And the court didn't "get 40+million babies murdered," they merely allowed private individual citizens the right to do it.</p></blockquote>
<p>The court made the wishes of the few seem acceptable against the will of the majority, witch was made to seem like it never existed or mattered, so I'll blame court as the branch most dangerous to a citizen getting a chance at a first breath let alone a vote. Now you can argue that what 40+ million vote them selves into as being more dangerous but can't you see what 40+ million put to death without a chance and the fact that half this country now thinks it's no big deal because of it to be a realists summation of cause and effect of the most harmful?</p>
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		<title>By: Dodd</title>
		<link>http://www.outsidethebeltway.com/archives/still_the_least_dangerous_branch/comment-page-1/#comment-360361</link>
		<dc:creator>Dodd</dc:creator>
		<pubDate>Fri, 09 May 2008 18:28:56 +0000</pubDate>
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		<description>&lt;em&gt;This is sheer and utter nonsense. &lt;/em&gt;

It&#039;s not nonsense; it&#039;s just improperly focused. The SupCt doesn&#039;t set policy but it does lay a good portion of the foundation upon which policy is made. Policy advances that were decades in the making can be undone in a very short time, altering the superstructure around which the next series of policy developments are developed. 

The pro-lifers showed they&#039;d finally learned this when they stopped trying the get Roe v. Wade overturned wholesale and started working on chipping away at abortion and building a body of helpful caselaw. 

Another example is the rebirth of federalist limitations on federal power that began under Rhenquist. That could, if properly nurtured, form the basis of a generation-long paring back of extra-constitutional federal power. But my chief worry about this year&#039;s Presidential race is that a couple/three more activist liberals in the mold of Ginsburg could undo it in half the time it took to set it in motion.</description>
		<content:encoded><![CDATA[<p><em>This is sheer and utter nonsense. </em></p>
<p>It's not nonsense; it's just improperly focused. The SupCt doesn't set policy but it does lay a good portion of the foundation upon which policy is made. Policy advances that were decades in the making can be undone in a very short time, altering the superstructure around which the next series of policy developments are developed. </p>
<p>The pro-lifers showed they'd finally learned this when they stopped trying the get Roe v. Wade overturned wholesale and started working on chipping away at abortion and building a body of helpful caselaw. </p>
<p>Another example is the rebirth of federalist limitations on federal power that began under Rhenquist. That could, if properly nurtured, form the basis of a generation-long paring back of extra-constitutional federal power. But my chief worry about this year's Presidential race is that a couple/three more activist liberals in the mold of Ginsburg could undo it in half the time it took to set it in motion.</p>
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		<title>By: Beldar</title>
		<link>http://www.outsidethebeltway.com/archives/still_the_least_dangerous_branch/comment-page-1/#comment-360321</link>
		<dc:creator>Beldar</dc:creator>
		<pubDate>Fri, 09 May 2008 17:49:49 +0000</pubDate>
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		<description>Dr. Joyner: I associate myself with your remarks. Put another way: I think you nailed it.</description>
		<content:encoded><![CDATA[<p>Dr. Joyner: I associate myself with your remarks. Put another way: I think you nailed it.</p>
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		<title>By: JimT</title>
		<link>http://www.outsidethebeltway.com/archives/still_the_least_dangerous_branch/comment-page-1/#comment-360295</link>
		<dc:creator>JimT</dc:creator>
		<pubDate>Fri, 09 May 2008 16:57:58 +0000</pubDate>
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		<description>Mr. Shuler - I see your point.  I guess the debate boils down to how one defines &#039;power&#039;; whether in terms of theory or practice.  Very interesting topic!</description>
		<content:encoded><![CDATA[<p>Mr. Shuler - I see your point.  I guess the debate boils down to how one defines 'power'; whether in terms of theory or practice.  Very interesting topic!</p>
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		<title>By: James Joyner</title>
		<link>http://www.outsidethebeltway.com/archives/still_the_least_dangerous_branch/comment-page-1/#comment-360282</link>
		<dc:creator>James Joyner</dc:creator>
		<pubDate>Fri, 09 May 2008 16:41:42 +0000</pubDate>
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		<description>&lt;blockquote&gt;But they sure can get 40+million babies murderd ruling in the favor of a few idiot liberals against the will of the people.&lt;/blockquote&gt;

While I disagree with the ruling both as a matter of public policy and constitutional interpretation, it&#039;s still merely the overturning of law. Abortion was legal until it was outlawed. And the court didn&#039;t &quot;get 40+million babies murderd,&quot; they merely allowed private individual citizens the right to do it.</description>
		<content:encoded><![CDATA[<blockquote><p>But they sure can get 40+million babies murderd ruling in the favor of a few idiot liberals against the will of the people.</p></blockquote>
<p>While I disagree with the ruling both as a matter of public policy and constitutional interpretation, it's still merely the overturning of law. Abortion was legal until it was outlawed. And the court didn't "get 40+million babies murderd," they merely allowed private individual citizens the right to do it.</p>
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		<title>By: Bithead</title>
		<link>http://www.outsidethebeltway.com/archives/still_the_least_dangerous_branch/comment-page-1/#comment-360266</link>
		<dc:creator>Bithead</dc:creator>
		<pubDate>Fri, 09 May 2008 16:28:36 +0000</pubDate>
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		<description>And THAT, Mr. Phillips, goes back to my argument of a &lt;a href=&quot;http://www.outsidethebeltway.com/archives/2008/04/bush_lauds_pope_at_white_house_visit/?#comment-337045&quot; rel=&quot;nofollow&quot;&gt;few months ago,&lt;/a&gt; (?) here, as regards the government (and in this case, I include the court) changing the culture, and over-riding the will of the people.</description>
		<content:encoded><![CDATA[<p>And THAT, Mr. Phillips, goes back to my argument of a <a href="http://www.outsidethebeltway.com/archives/2008/04/bush_lauds_pope_at_white_house_visit/?#comment-337045" rel="nofollow">few months ago,</a> (?) here, as regards the government (and in this case, I include the court) changing the culture, and over-riding the will of the people.</p>
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		<title>By: G.A.Phillips</title>
		<link>http://www.outsidethebeltway.com/archives/still_the_least_dangerous_branch/comment-page-1/#comment-360265</link>
		<dc:creator>G.A.Phillips</dc:creator>
		<pubDate>Fri, 09 May 2008 16:26:12 +0000</pubDate>
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		<description>&lt;blockquote&gt;Still, the Supreme Court can’t send our troops off to war. They can’t raise your taxes. They can’t even pass laws.&lt;/blockquote&gt;

But they sure can get 40+million babies murderd ruling in the favor of a few idiot liberals against the will of the people.</description>
		<content:encoded><![CDATA[<blockquote><p>Still, the Supreme Court can&rsquo;t send our troops off to war. They can&rsquo;t raise your taxes. They can&rsquo;t even pass laws.</p></blockquote>
<p>But they sure can get 40+million babies murderd ruling in the favor of a few idiot liberals against the will of the people.</p>
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		<title>By: Dave Schuler</title>
		<link>http://www.outsidethebeltway.com/archives/still_the_least_dangerous_branch/comment-page-1/#comment-360259</link>
		<dc:creator>Dave Schuler</dc:creator>
		<pubDate>Fri, 09 May 2008 15:59:03 +0000</pubDate>
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		<description>&lt;blockquote&gt;
As the final arbiters of &quot;what is right&quot;, SCOTUS is the most powerful body. 
&lt;/blockquote&gt;
Ah.  But they&#039;re only the final arbiters because the Congress allows them to be.  Act of Congress could eliminate the Court&#039;s appellate jurisdiction, a significant part of its power.  That the Congress elects not to exercise its power is a matter of practice, not of principle.</description>
		<content:encoded><![CDATA[<blockquote><p>
As the final arbiters of "what is right", SCOTUS is the most powerful body.
</p></blockquote>
<p>Ah.  But they're only the final arbiters because the Congress allows them to be.  Act of Congress could eliminate the Court's appellate jurisdiction, a significant part of its power.  That the Congress elects not to exercise its power is a matter of practice, not of principle.</p>
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		<title>By: JimT</title>
		<link>http://www.outsidethebeltway.com/archives/still_the_least_dangerous_branch/comment-page-1/#comment-360258</link>
		<dc:creator>JimT</dc:creator>
		<pubDate>Fri, 09 May 2008 15:53:28 +0000</pubDate>
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		<description>One of my favorite quotes is by Thomas Sewell (although I definately don&#039;t agree with him on many issues):  &quot;The most basic question is not what is right but who decides what is right?&quot;.  As the final arbiters of &quot;what is right&quot;, SCOTUS is the most powerful body.  They are the citizens&#039; last defense against &quot;well intentioned&quot; politicians at all levels of government.  Their decisions on cases heard (and on whether on not to even hear a case) is the difference between holding the final protective line for freedom or signing its death certificate.  *in my opinion*</description>
		<content:encoded><![CDATA[<p>One of my favorite quotes is by Thomas Sewell (although I definately don't agree with him on many issues):  "The most basic question is not what is right but who decides what is right?".  As the final arbiters of "what is right", SCOTUS is the most powerful body.  They are the citizens' last defense against "well intentioned" politicians at all levels of government.  Their decisions on cases heard (and on whether on not to even hear a case) is the difference between holding the final protective line for freedom or signing its death certificate.  *in my opinion*</p>
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		<title>By: James Joyner</title>
		<link>http://www.outsidethebeltway.com/archives/still_the_least_dangerous_branch/comment-page-1/#comment-360250</link>
		<dc:creator>James Joyner</dc:creator>
		<pubDate>Fri, 09 May 2008 15:33:02 +0000</pubDate>
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		<description>Right, but she&#039;s making a much grander argument than that.  Yup, they&#039;re important. But, hell, everybody knows that.  She&#039;s saying they&#039;re by far the most important. They ain&#039;t.</description>
		<content:encoded><![CDATA[<p>Right, but she's making a much grander argument than that.  Yup, they're important. But, hell, everybody knows that.  She's saying they're by far the most important. They ain't.</p>
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		<title>By: Steve Plunk</title>
		<link>http://www.outsidethebeltway.com/archives/still_the_least_dangerous_branch/comment-page-1/#comment-360220</link>
		<dc:creator>Steve Plunk</dc:creator>
		<pubDate>Fri, 09 May 2008 14:52:00 +0000</pubDate>
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		<description>If you consider it &quot;sheer and utter nonsense&quot; take a moment to consider what would have happened if they rules differently in each of the examples.  Sure the issues are put before them by the executive or legislative branch but the direction is decided by the court.

Now I&#039;m not saying they are the most powerful branch of government but they influence policy in ways the others cannot.  Both the executive and legislative are not nearly as bound by previous decisions.  There is no &#039;stare decisis&#039; for them.

The President&#039;s choices for the court may not be the most important decisions made but they are very near the top.</description>
		<content:encoded><![CDATA[<p>If you consider it "sheer and utter nonsense" take a moment to consider what would have happened if they rules differently in each of the examples.  Sure the issues are put before them by the executive or legislative branch but the direction is decided by the court.</p>
<p>Now I'm not saying they are the most powerful branch of government but they influence policy in ways the others cannot.  Both the executive and legislative are not nearly as bound by previous decisions.  There is no 'stare decisis' for them.</p>
<p>The President's choices for the court may not be the most important decisions made but they are very near the top.</p>
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		<title>By: Dave Schuler</title>
		<link>http://www.outsidethebeltway.com/archives/still_the_least_dangerous_branch/comment-page-1/#comment-360199</link>
		<dc:creator>Dave Schuler</dc:creator>
		<pubDate>Fri, 09 May 2008 14:30:04 +0000</pubDate>
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		<description>&lt;blockquote&gt;
They can’t raise your taxes.
&lt;/blockquote&gt;
Actually, they can under their equity powers or, more accurately, they can order the Congress to raise your taxes.

There&#039;s another power that makes Congress supreme:  the power to limit the appellate jurisdiction of the Supreme Court.  The Court has primary jurisdiction over federal law, treaties, cases involving ambassadors, maritime, cases between states and between citizens of states other than their home states and between citizens of different states.  What proportion of the total cases it hears does that constitute these days?  Half?  Ten percent?</description>
		<content:encoded><![CDATA[<blockquote><p>
They can&rsquo;t raise your taxes.
</p></blockquote>
<p>Actually, they can under their equity powers or, more accurately, they can order the Congress to raise your taxes.</p>
<p>There's another power that makes Congress supreme:  the power to limit the appellate jurisdiction of the Supreme Court.  The Court has primary jurisdiction over federal law, treaties, cases involving ambassadors, maritime, cases between states and between citizens of states other than their home states and between citizens of different states.  What proportion of the total cases it hears does that constitute these days?  Half?  Ten percent?</p>
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