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Wisconsin Judge Rules The Will Of The People Is Unconstitutional
The Patriot Statesman ^ | 3-19-2011 | Bill Kneer

Posted on 03/19/2011 6:20:22 AM PDT by BillKneer

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To: BillKneer

Look. It’ the role of the court to determine if any law passed by the government (no matter how overwhelmingly popular) is constitutional. We all get that.

With that said, the ruling by this Wisconsin Judge is just pure intellectual sloth at best or party politics at worse. If it’s the latter, the woman should be removed from her position. Judges are not supposed to respond to the politics of the issue.

True, by rule (not by law...by rule) if the Senate was in normal session a certain amount of time must be given before any vote can occur. However, the rules do not apply when the Senate is in ‘Special Session’ and the Senate was in Special session. Therefore, no time was needed to call for debate and vote. I’ve read over this at least ten times now. It’s more clear than Wisconsin is cold.

I understand the Dems are frustrated with the new collective bargaining laws in Wisconsin. I even respect their spirited opposition to it. Still, on some level don’t they know that sometimes the other side gets to win day? And, that’s all that has happened this time....Walker and the GOP won the day....for now.

As a winners in this scrum, we GOPers certainly don’t insist that we also get to win over their hearts and minds, too. But, we absolutely do insist they lose with graciousness, class, and dignity...all of which they seem to be incapable of displaying.

In any case, this is a democracy. The next election is just around the corner....always. Grow up, Democrats!!


21 posted on 03/19/2011 7:11:27 AM PDT by Mustangman (The GOP)
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To: raybbr
Wrong headline. It should read: "Wisconsin Judge Rules State Legislative Process Unconstitutional"

This was not about the "will of the people" but rather the Constitutional legislative process in WI.


Actually, it was only about the judge as a partisan political hack. The Senate rules she referred to were not applicable in special session. They were in special session at the time. And in spite of the fact that the remaining senators were not required to notify the absent senators of the upcoming action, they did anyway via the senators' Senate email and through the online Senate bulletin board. These are all things of which the judge should have been fully aware: she is either incompetent or is acting in concert with that House member who filed the irrelevant complaint.
22 posted on 03/19/2011 7:12:13 AM PDT by aruanan
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To: Mustangman
In any case, this is a democracy. The next election is just around the corner....always. Grow up, Democrats!!

Representative republic.
23 posted on 03/19/2011 7:15:53 AM PDT by aruanan
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To: BillKneer

How can a county judge’s ruling have jurisdiction over an entire state?


24 posted on 03/19/2011 7:18:22 AM PDT by Jay W
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To: BillKneer

25 posted on 03/19/2011 7:29:12 AM PDT by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: aruanan

Though your point is well taken, you are not exactly correct.

Our leaders are indeed elected through a democratic process. Once that occurs, we have no say over the decisions they make because they simply ‘represent us’ as you rightfully point out.

Still, elections are truly a democratic process and the 2012 election will be where this particular issue (since it’s grown so big) will likely be resolved......for the foreseeable.


26 posted on 03/19/2011 7:32:13 AM PDT by Mustangman (The GOP)
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To: aruanan

Ughhh!!! Actually, assuming Walker doesn’t get recalled, it won’t truly be resolved until 2014 because he has veto power. I will be shocked if the GOP hold onto the House and Senate in 2012. It’s not because I don’t want them to hold on, it’s just that the GOP never wins elections in Wisconsin. I’m surprised they are in control, now.


27 posted on 03/19/2011 7:35:48 AM PDT by Mustangman (The GOP)
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To: aruanan
Actually, it was only about the judge as a partisan political hack. The Senate rules she referred to were not applicable in special session. They were in special session at the time. And in spite of the fact that the remaining senators were not required to notify the absent senators of the upcoming action, they did anyway via the senators' Senate email and through the online Senate bulletin board. These are all things of which the judge should have been fully aware: she is either incompetent or is acting in concert with that House member who filed the irrelevant complaint.

I was trying to point out the blogger's errors. The "people" did not enact the law - the WI legislature did.

The judge made an injunction before actually looking at the complaint from what I can tell. She not only is in cahoots with the rep but she's clearly legislating from the bench. She should be impeached.

28 posted on 03/19/2011 7:44:25 AM PDT by raybbr (People who still support Obama are either a Marxist or a moron.)
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To: ALPAPilot

Right, but can they change the rules without a quorum? I would not like to see the WI legislature simply make up rules every day to accommodate their daily needs. Would you?


29 posted on 03/19/2011 7:46:43 AM PDT by raybbr (People who still support Obama are either a Marxist or a moron.)
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To: GailA
In TN they don’t have to list their party and that creates BIG issues for conservative voters. Unless you know for sure what party they are from best to vote NO on retaining them. They count on our ignorance of their party to stay in office.

Same in Florida. Although the people are getting wise. Last election there was a big push to vote "no" forretention of three FL Supreme Court judges.

As far as Wisconson, the Repubs in the state house and senate should move immediately to impeach and remove that, er, judge. Then maybe the activists judges just might pause before they legislate from the bench.

30 posted on 03/19/2011 8:06:02 AM PDT by VRW Conspirator (It's the end of the world as we know it. And I feel fine. - R.E.M.)
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To: pepsionice
The curious step that the Republicans could take....walk back in and start the process all over.

Greta asked the Lt. Governor (Kleefish) that very same question last night...three times. Each time Kleefish danced around answering WHY they won't have another vote. Granted, the prospect of smelly rent-a-hippies getting trucked in to foul the capitol is not a pleasant prospect, but leaving it to the courts is not much better.
31 posted on 03/19/2011 8:06:22 AM PDT by LostInBayport (When there are more people riding in the cart than there are pulling it, the cart stops moving...)
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To: BillKneer

The Republican majority will prevail here in a revote if necessary.


32 posted on 03/19/2011 8:09:29 AM PDT by thethirddegree (Islam is a vile, barbaric, perverted, depraved,seditious cult invented by a murdering pedophile)
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To: BillKneer

The liberal process for wearing down your opponent and get your way:

First, call the concept racist, sexist, or some other “ist”.

Second, if that does not work, start screaming “Do it for the children!!” or “It will hurt the middle class!”.

Third, if that does not work, just call it “unconstitutional” since liberals interpret anything they do not like as “unconstitutional” regardless of whether it is or not.

That pretty much sums it up. Did I miss any liberal orthodoxy steps?

JoMa


33 posted on 03/19/2011 8:10:30 AM PDT by joma89
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To: Jim Noble
"The "will of the people" can certainly be unconstitutional."

I was thinking the exact same thing when I read that... even though that's a misleading title. This is an argument about procedure, not the law itself... not saying the tards won't use any means necessary to fulfill the underlying agenda, of course.

The group of guys who founded this country knew of the dangers of "majority rules" mentality. That is why we not only have a representative democracy, but also a constitution and bill of rights to protect the individual FROM that representative democracy. It's a pretty clever and effective layout, but all too often ignored by the courts.

34 posted on 03/19/2011 8:13:55 AM PDT by FunkyZero ("It's not about duck hunting !")
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To: Nip

Good strategy!


35 posted on 03/19/2011 8:23:25 AM PDT by DarthVader (That which supports Barack Hussein Obama must be sterilized and there are NO exceptions!)
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To: DarthVader

Does this ‘’judge’’ have any kida or grandkids and other family members she can ‘’donate’’,,,,without their knowledge or permission of course. These people are crap,, how bout a National Crap on Your Kid day??


36 posted on 03/19/2011 8:36:35 AM PDT by Waco (From Seward to Sara)
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To: aruanan

Thank you! Most people do not know that we, the United States, have a representative republic form of government.


37 posted on 03/19/2011 8:46:27 AM PDT by Techster
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To: BillKneer

To the liberals, the courts are supposed to be a super veto against conservative/Republican legislation which, in the view of liberals, goes too far.

The relevant laws, or legal precedents, mean nothing to the liberals. Liberals want judges to impose same-sex marriage, impose and endorse draconian EPA rules, overturn state immigration laws even if the language mirrors federal immigration law, impose requirements for multi-lingualism, overturn laws which define and restrain union bargaining rights, etc.

If the liberals had their way, there would be no legislation and no need for elected representatives. In their utopia, judges would decide everything.

The liberals want judges to make policy choices and enshrine those into legal precedent, based on ruling that a legislature or executive acted unconstitutionally in enacting certain legislation or policies. And that’s where the liberals are all wrong. Judges are not supposed to make policy choices. Judges are supposed to administer law, not make policy choices.


38 posted on 03/19/2011 8:49:37 AM PDT by Dilbert San Diego
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To: Mustangman

The thing that is not so clear is that the meeting in question was a joint committee meeting, not just a Senate committee meeting. It’s not entirely clear, then, that the Senate rule controls here, if it does not, then the meeting very likely did violate the open meetings law.

Regardless of the merits of the decision, it ought to be moot. The Republicans sould poat notice 24 hours in advance, vote again, and end this. They probably should have done so in the first place.


39 posted on 03/19/2011 8:56:33 AM PDT by Conscience of a Conservative
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To: BillKneer

Kneel before the queen you filthy, uneducated rabble!


40 posted on 03/19/2011 8:56:41 AM PDT by blueunicorn6 ("A crack shot and a good dancer")
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