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Advice for Palin from an Attorney

Posted on 10/02/2008 8:04:30 AM PDT by disraeligears

If Palin is asked again about Supreme Court Decisions, she should state that she agrees with:

Marbury v Madision (stating that the Supreme Court's province is judicial review, that is to interpret the law; which would give her a platform to state that this is what the Supreme Court is thus strictly limited thereby and is not empowered to "make law");

Brown v Board of Education (argued by Thurgood Marshall, Esq., the Court held that "separate but equal" did not pass constitutional muster); and

that she found abhorent, and without proper basis to what is in the Constitution or in her heart:

Plessy v Ferguson (upholding segregation under the "separate but equal" doctrine), and

Roe v Wade (because even if there is a right to privacy, as most may agree, that right does not justify the privacy rights and sheer right to life of an unborn child).

As evidence by Plessy v Ferguson, the Supreme Court gets it wrong from time to time, and definitely got it wrong with Roe v Wade.

Enough said.


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KEYWORDS: couric; courts; debate; palin
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1 posted on 10/02/2008 8:04:32 AM PDT by disraeligears
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To: disraeligears

When Kouric asked her which decision she disagreed with, I was expecting (hoping) to hear “Dred Scott”.


2 posted on 10/02/2008 8:08:30 AM PDT by ducdriver (Quantum potes tantum aude.)
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To: disraeligears
The most important recent case she should jump on is Kelo v. New London which asserted that government could take private property if it could get more taxes from another private owner. It was likely the worst decision since Roe v. Wade.
3 posted on 10/02/2008 8:08:32 AM PDT by KarlInOhio (The $700B bail out is giving parachutes to bankers while we must keep our seat belts on and shut up.)
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To: disraeligears

Marbury, Brown, and Plessy are pretty much grammar school level, aren’t they? She might as well come out in favor of brushing and flossing.


4 posted on 10/02/2008 8:08:39 AM PDT by Huck ("Lying rides upon debt's back." --Poor Richard's Almanac)
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To: ducdriver

What was her answer? I didn’t watch any of it. I’ve been ignoring politics and reading mostly financial information.


5 posted on 10/02/2008 8:09:22 AM PDT by Huck ("Lying rides upon debt's back." --Poor Richard's Almanac)
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To: ducdriver

Nevermind. Just saw the clip. Man, she pretty well whiffed on that one.She looked and sounded like someone trying to BS her way through the answer. I’ve done plenty of job interviews. Sorry.


6 posted on 10/02/2008 8:16:10 AM PDT by Huck ("Lying rides upon debt's back." --Poor Richard's Almanac)
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To: Huck

Actually Marbury contrasts nicely with today’s judicial activism, and the Plessy/Brown decisions neatly shows how the Supreme Court can get it wrong, but is a strong enough of an institution to reverse course (plus no one is going to argue with Brown, and should give pause to anyone denying civil rights to an unborn child).

These cases are simple, but remember the KISS principle in addition to the more nuanced aspects of these cases.


7 posted on 10/02/2008 8:17:50 AM PDT by disraeligears (How was the CREAM Madison Square Garden Concert?)
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To: disraeligears
This advice is ridiculous. Palin is not a constitutional scholar.

The correct answer, if she could not think of anything specific (KELO), would have been:

Katie, I disagree with any decision where the court writes law instead of interprets it.

If Couric pressed again for a specific example besides Roe, her answer could have been:

Katie, in my mind a decision that lead to the execution of 40 million unborn children can't be brushed aside as you are trying to do with this question. I will admit that that's the example that is foremost on my mind and if it were the only example of judicial abuse then it alone would be enough. It would be as if you asked me for other examples of genocide other than the holocaust, as if the holocaust were not important enough to be the only answer. The one example so dwarfs all others that I can see why you would want to change the subject.

8 posted on 10/02/2008 8:18:51 AM PDT by drangundsturm
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To: ducdriver

Dred Scott is the default answer to that question. But she didn’t know about it.

I don’t think that was such a big deal. Not many Americans are familiar with SCOTUS cases.

It is just one more thing that she will have to undo tonight.


9 posted on 10/02/2008 8:19:18 AM PDT by Retired Greyhound
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To: disraeligears
She ain't an attorney and either is McCain --That is a point in their favor and that is the tact she should take

99.99% of the viewing audience does know diddly about SCOTUS cases If I was sarah I would say that is what advisers will be for I will rely on them as to what laws and tacics are to be pursued to obtain my goals--Ronald Reagan was NOT a damn Lawyer ( and screw you Biden if you try a I knew Ronald Reagan type reply )
10 posted on 10/02/2008 8:23:21 AM PDT by uncbob
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To: disraeligears
I would add the Miranda v. Arizona. IMHO, a little examined aspect of this decision is how it has ultimately served to undermine liberty. The decision put the onus of providing a free civics lesson with every arrest on the back of the executive branch. In some ways, the citizenry surrendered its responsibility for knowing its rights and concurrent responsibilities. It may seem a trifle at first, but when you ponder it, you can see where, since that time, people have voluntarily become increasingly lax in exercising their rights and obligations and increasingly reliant on government to observe their rights and set their limits for them. As I stated, this is all IMHO.

Governor Palin is certainly bright, and I suspect her choke was more indicative of her weakness in the area of media savvy rather than one of basic American jurisprudence. Having said that, our system of government depends on those seeking office in any of the three branches to have a working knowledge of the other two with whom they are supposed to check, balance and co-exist. I would recommend any person seeking a position in the executive or legislative branches read Mark Levin's Men In Black.

11 posted on 10/02/2008 8:23:50 AM PDT by Joe 6-pack (Que me amat, amet et canem meum)
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To: Retired Greyhound

she vaguely referred to a SC case in her acceptance speech didn’t she? The comment about reading miranda rights to terrorists? (OK maybe that’s a reach).

FWIW - I could personally describe certain decisions I disagree with (nixing DP for child rapists for ex.) without knowing the official name of the case.

So Sarah wasn’t just expected to know the decision itself - I’m sure if she got the A vs. B part wrong, she knew she’d be hung too.


12 posted on 10/02/2008 8:24:27 AM PDT by Scotswife
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To: Retired Greyhound

It was a gotcha question, calculated to embarrass a non-lawyer.

So, she isnt an attorney who has read thousands of cases along the way, spent three years being miserable in a socratic method classroom and had the ignominy of being chained to a briefcase.

If she had any idea that that type of question would be asked, she’d probably recall with great clarity the Exxon case that reduced the punitive damages award. At least, that’s the one I’d suggest she discuss if there is a next time.


13 posted on 10/02/2008 8:25:06 AM PDT by Canedawg (If the law supposes that, said Mr. Bumble, the law is a ass, a idiot.)
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To: Retired Greyhound
Dred Scott is the default answer to that question. But she didn’t know about it.

Dred Scott was over 125 years ago and overtaken by constitutional amendment

Roe Vs Wade is current events
14 posted on 10/02/2008 8:25:45 AM PDT by uncbob
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To: drangundsturm

She obviously is not a constitutional scholar, but she accepted the VP nomination. She has had plenty of time to be briefed on the landmark Supreme Court cases over the past two centuries.

She is a smart woman. Anybody, and I mean anybody, who possesses her intelligence can become conversant, albeit on a limited basis, on basic con law.

The Judiciary is one of the three branches, which, if Sarah Palin ever became President, she would need to be initimately familiar with its history in order to competently nominate a Justice.

A basic knowledge is not too much to expect at this point and could be obtained in about 3-4 hours time. Lord, someone could have simply provided her with a basic conlaw outline.

She is not expected to be a lawyer/con law scholar, but independent voters expect some basic knowledge re the Supreme Court.


15 posted on 10/02/2008 8:25:55 AM PDT by disraeligears (How was the CREAM Madison Square Garden Concert?)
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To: disraeligears

I’m just sayin’, if Palin gives grammar school answers, that is exactly how the MSM will report it—with a sneer. She blew the Couric question. I just watched it. She was trying to BS her way through it. There were ways she could have addressed it, instead she flopped like a fish. She’s blood in the water to the MSM at this point.


16 posted on 10/02/2008 8:28:38 AM PDT by Huck ("Lying rides upon debt's back." --Poor Richard's Almanac)
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To: Huck

Might fancy gramar school. Haven’t thought of Marbury v. Madison since Con Law I, in law school.

Thing is, as a lawyer, I don’t wind up reading USSC opinions anymore than the average person. Graduated in top 10%, and I was stumped for an answer as well. I might have been able to talk about cases in general, but I could not have named the specific cases. I find no fault with how she responded.

But in the end, she really did have a tack, in that Palin is running for the executive branch, and not the judiciary. It really doesn’t matter what opinions she disagreed with, she’s not ever going to decide any, that’s not in her purview. The only thing she might be connected with is selecting a USSC Justice candidate.

The more appropriate question would have been which justices do you agree with, and which do you believe render opinions outside the view of American public.


17 posted on 10/02/2008 8:29:17 AM PDT by job
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To: Canedawg; Scotswife

the entire interview that first day was a gotch interview, and she felt like any answer would lead to another gotcha question. She did much better on the second day when she stopped playing Katie’s game.

“Can you name magazines that you read?”

“You know, Katie, Alaska is NOT another planet, we actually do read up there, and no, I am NOT going to name the magazines that I read.”

She is learning.


18 posted on 10/02/2008 8:30:21 AM PDT by Retired Greyhound
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To: disraeligears
She obviously is not a constitutional scholar, but she accepted the VP nomination. She has had plenty of time to be briefed on the landmark Supreme Court cases over the past two centuries.

Which further concedes the point that knowledge isn't her strong suit when it comes to the job she is seeking. Not saying it can't work, but then again, it'd be nice if the supposed savoirette of conservatism had some interest in the subject. I'm just a working musician, and evidentally I have more command of the subject than she does. Then again, how much of a clue does the top of our ticket have?

19 posted on 10/02/2008 8:30:53 AM PDT by Huck ("Lying rides upon debt's back." --Poor Richard's Almanac)
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To: Huck
The answer is let Sarah be Sarah and stop trying to make her what she isn't. She did great at her acceptance speech and great when she was introduced by McCain. The MSM is trying to make her look dumb because she is not a left wing bra-burning feminist. When she acts like herself she does great, and this will play to the people. Enough said.
20 posted on 10/02/2008 8:36:27 AM PDT by Beeman
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