2016 U.S. Presidential Elections: The Circus Is In Full Swing

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I’ll add that I’d consider lying around socializing, dealing with finances, or studying religious texts or otherwise reading or consuming media leisure activities, although it wouldn’t be a physical activity like mending a fence or tending a garden. Also, I’m aware that they’re not necessarily ‘leisure’ activities like day drinking and playing badminton but to me that activity would still fall under the category of socializing.
 
Well they have ~ 45 days until the election. That's rushing it a lot. Kavanaugh took 3 months although 2 of them were effectively summer recess. No doubt Democrats will summon all their procedural and media power to delay and prolong the confirmation hearings as much as possible.

Republicans have two more months even if they lose presidency and/or Senate, but trying to push someone non-consensual as lame ducks would probably be the end of any kind of tradition and courtesy and bipartisanship for a very long time.
 
Republicans controlled the Senate the last two years of Obama presidency anyway. She felt fit enough before and she probably also thought that Hillary was going to win with a good chance that Democrats would take back the Senate.

The American Supreme Court isn't really any more powerful than it's equivalents elsewhere. But the US constitution is more restrictive on the government than your typical euroconstitution, and the Congress is more unruly and independent of the executive than in the Westminster model, so policy change is slower and less likely. For those who seek change it's easier to have the court declare ex cathedra that something is (un)constitutional.
 
In many ways the Supreme Court is less powerful than the other branches. Ultimately the court’s role is to interpret the constitution and decide whether a statute or law is in disagreement with the constitution. This court generally decides on whether something is unconstitutional or not when a suit is brought forth. Additionally, the legislature may amend the constitution and change the rules by which the Supreme Court judges the cases brought before it. To make things a little more complicated, a State may choose to ignore a federal law or Supreme Court decision.

Not to say that there isn’t a danger in having an ideological extremist Supreme Court, but a life appointment and a rather narrow judicial scope typically means an appointed justice may tell any politician, the president included, to go **** themselves with no political repercussions. At that point the justices are no longer playing the “game” but instead involved with the more important work of immortalizing their opinions on and setting precedent for the interpretation of constitutional law. It may do people well to remember that although the Chief Justice is conservative, his political ideology has had mostly little bearing on his opinions and rulings.

All of that said, the court has made some blunders in the past even with a 4 vs 4 and a swing vote that could go either way, looking at you federal reserve, and it would be foolish to expect them not to blunder again in the future, regardless of the justices’ upbringing. Just because the best the current president can offer to the Republican Party at this point is nominating conservative Supreme Court judges does not mean that that is indeed the most important thing a president could do.
 
In many European countries that suffered under dictatorship the supreme courts were set up as bulwarks against a future autocracy.
As such they might be more powerful than the US supreme court.
But over the years it has had great influence on numerous areas. Not least when it comes to race, but also establishing/underlining some basic judicial principles that we see as evident today.


1963 - Gideon v. Wainwright
This decision guarantees the right to counsel.

1964 - New York Times v. Sullivan
This decision upheld the First Amendment rights of freedom of speech and freedom of the press.

1966 - Miranda v. Arizona
The decision established the rights of suspects against self-incrimination.

1967 - Loving v. Virginia - Prohibition against interracial marriage was ruled unconstitutional

1973 - Roe v. Wade
This decision expanded privacy rights to include a woman's right to choose pregnancy or abortion.

2010 - Citizens United v. FEC - The Court rules corporations can contribute to PACs under the First Amendment's right to free speech, 5-4 for Citizens United.
 
Most of them, while materially good, are formally questionable or outright abhorrent, with the court just making **** up. The exception being Citizens United which is abhorrent both formally and materially.
 
I think the "making **** up" shows exactly how much power the court has. To interpret laws almost at random.
The 1966 case of "rights of suspects against self-incrimination" was decided 5-4. It could have gone either way, but is now so fundamental it's the first thing a person is told when arrested.

It also seems absurd that it requires a supreme court ruling to establish the "right to counsel" e.g.
Abortion is another absurdity. To my knowledge there are no recent amendments mentioning this. So 'ancient scriptures' - back when abortion was not a medical option - are interpreted by 9 people instead of the democratically elected politicians.
 
I’m not a legal expert but have spent quite some time studying Supreme Court cases in school.. a good example of how this convoluted system works would be the famous Brown v. Board of Education.

The “separate but equal” ruling found in the previous Plessy v. Ferguson case was used by States to write laws making legal segregated education facilities provided that the facilities were “equal”. Surprise, they weren’t. In the new case, this “separate but equal” ruling was found to be inherently “unequal” and in violation of the first clause of the 14th amendment:

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The court demanded that all States desegregate as quickly as possible. 10 years after the ruling some States still hadn’t enforced this decision and were given a second order by the court. I can make quite a compelling argument that there is still segregation to this day.

The will of the people goes through the legislators and the States write their own rules to best serve whoever had the power to elect their officials. The constitution itself outlines some excellent ideals by which the country should be organizing itself and treating its people, however it isn’t up to the courts to enforce these ideals but the States, the Federal government, and the people themselves, and that’s where the issue is. The US system works extremely slowly and eventually it gets around to doing the right thing. Sadly, this means that in the meantime many suffer needlessly while their neighbors are still learning how to be good people. The best thing to do is still to talk with and teach our neighbors how to be good and fair people. Most people have no clue what is actually written in the constitution. Much to the joy of certain legislators I’m sure.
 
To be fair I think a truly smart dictator would find a way to not be a dictator as quickly as possible. I think those who find themselves in that situation realize or feel that they’re cooked if they try to retire.
 
1966 - Miranda v. Arizona
The decision established the rights of suspects against self-incrimination.

Why on Earth does this law exist? 'You don't have to answer that question if you think it will help us discover that you are indeed the horrible git we think you are, just so you know'. It seems perverse to me, and I haven't read anything that indicates it is supposed to protect people against wrongful conviction, only that the idea is people shouldn't feel obliged to say things that will get them in trouble. What sort of society is that supposed to foster?
 
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