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Perry wants term limits on high court [favors change in Constitution]
Charlotte Observer ^ | September 1, 2011 | Todd J. Gillman The Dallas Morning News

Posted on 09/02/2011 11:50:24 AM PDT by Cincinatus' Wife

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To: Cincinatus' Wife; BuckeyeTexan; mamelukesabre

I would support term limits for district and appellate judges, but not for SCOTUS.................


51 posted on 09/02/2011 12:23:38 PM PDT by Red Badger ("Treason doth never prosper.... What's the reason? Why if it prosper, none dare call it treason.")
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To: Cincinatus' Wife

Shut up Rick. If you want people to vote for you don’t mess with the Constitution. If it needs to be changed, WE’LL let YOU know. Mkay?


52 posted on 09/02/2011 12:25:30 PM PDT by 1raider1
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To: Cincinatus' Wife

I honestly don’t know what to do.

The judges do need to be in a position to not be swayed by politics but on the other hand there needs to be some way of keeping them from just making up laws like they did in Roe V. Wade.

That goes for all federal judges, not just the Supreme Court.


53 posted on 09/02/2011 12:25:30 PM PDT by yarddog
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To: Cincinatus' Wife

No term limits.

In favor of a constitutional amendment that extends grounds for judicial impeachment to judicial activism. period.


54 posted on 09/02/2011 12:25:55 PM PDT by C210N (0bama, Making the US safe for Global Marxism)
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To: Jacquerie

“We are fast headed for tyranny because we the people have let judges make law, allowed Congress to assign lawmaking to unelected bureaucrats who make, execute and adjudicate “law” via Presidential diktats.”

And an arbitrarilly low number of Representatives that are neither accountable to their constituents, nor care about anything other than living in “Club Congress.” Fix the Representation, or there can NEVER be a checks and balances system. On my wish list too is the moving of the U.S. Capital to the middle of the country, and eliminating the need for travel to Washington. There is no reason AT ALL that Congress critters cannot meet virtually and stay in their offices back in their districts. This is not the 1790’s. State constitutions have been TELEGRAPHED in for admittance to the Union, mind you, and that’s been 150 years!

Fix Representaion, clean out the Aegean Stables, and we can get the ball rolling!


55 posted on 09/02/2011 12:26:04 PM PDT by JDW11235 (I think I got it now!)
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To: Cincinatus' Wife

Lord, Perry can’t have an opinion on anything without a hit piece being tossed at him.
The concept is interesting and looking at the potential for a single idiot President and wimp Congress to appoint an entire court there is logic there.
I already see the organized attacks forming to either say Perry isn’t a pure enough Constitutionalist or that he is merely a trying to subvert the will of the people or that this is not the time for this discussion because it interferes with what “I” think should be the central issues. Perhaps this merits discussion maybe not at the top of the agenda, but a couple of safeguards against a runaway President and congress might actually have merit.


56 posted on 09/02/2011 12:26:07 PM PDT by Steamburg (The contents of your wallet is the only language Politicians understand.)
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To: muawiyah
It probably would help to have the Senate not be such a "deliberative" fraternity and have more allegiance to their states. Perhaps a cleaned up U.S. Senate would produce a better confirmation process for SC Justices.

Chapter 3: What Happened to the Founders’ Vision?

Perry says the tipping point — the period when the federal government began to over-assert its authority — was the dawn of the “so-called Progressive movement.” Ever since, liberals have used every opportunity to “wage a gradual war” on the U.S. Constitution. The Supreme Court has become a policy maker rather than an interpreter of the Constitution. Passage of the 16th Amendment (allowing Congress to collect an income take without apportioning it among the states) and 17th Amendment (allowing for the direct election of U.S. senators, rather than by state legislatures) further reduced the power of the states. FDR’s New Deal set the standard for federal power abuse. Congress’ interpretation of the Commerce Clause to allow for a wide variety of federal intrusions, including President Obama’s health care reform, has been the nail in the coffin of the proper balance between the feds and the states.

57 posted on 09/02/2011 12:27:28 PM PDT by Cincinatus' Wife
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To: Cincinatus' Wife

This idea will not help him.

I don’t care for it, and I’m sure I’m not alone. :)


58 posted on 09/02/2011 12:27:35 PM PDT by RexBeach (Mr. Obama can't count.)
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To: BuckeyeTexan

Thanks!


59 posted on 09/02/2011 12:29:27 PM PDT by JDW11235 (I think I got it now!)
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To: 1raider1
................WE’LL let YOU know. Mkay?

Silly! Of course it goes to the people. Any problem talking about it? Putting things on the table? Not hiding what your thoughts are until after you're elected? You know?? all that "hopey-changey" bs that goes out the door?

Perry wants us to THINK!

To remember that it's, "WE THE PEOPLE!"

60 posted on 09/02/2011 12:31:53 PM PDT by Cincinatus' Wife
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To: mamelukesabre

I agree. It’s beyond stupid, and makes the Supreme Court even more subject to politics.


61 posted on 09/02/2011 12:33:20 PM PDT by slowhandluke (It's hard to be cynical enough in this age.)
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To: Cincinatus' Wife

Repeal the 17th!!!!!!


62 posted on 09/02/2011 12:33:32 PM PDT by Sybeck1 (Why does so few (IA, NH, SC) decide so much?)
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To: cuban leaf

Or maybe even his ‘Checkers Speech’.


63 posted on 09/02/2011 12:33:50 PM PDT by bobby.223
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To: mamelukesabre

“I do. its a stupid idea.”

So are lifetime terms. Not that I advocate a change, but if they’re not going to stay above the fray, perhaps we shouldn’t treat them like they’re above the fray. The one true oligarchy of the federal government ought to justify its own existence every once in a while.


64 posted on 09/02/2011 12:34:22 PM PDT by Tublecane
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To: Cincinatus' Wife

“If you are a strict constructionalist - which apparently the governor isn’t because he’s looking to amend the Constitution - you would have respect for the wisdom of the Framers.”

This doesn’t follow. By that reasoning we wouldn’t have ended slavery by amending the constitution (something I’m sure strict constructionists wholeheartedly agree with). You can be a strict constructionist but still think the constitution could be amended.


65 posted on 09/02/2011 12:34:40 PM PDT by Castigar
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To: GraceG
Only for lower courts, I am not sure about the supreme court.

I think some of the higher court justices should have a system of a “vote of no confidence” where if 66% of the population voates agaisnt them they get thrown out.

Think of it as a judicial “veto”.

I'd like to think we could tweak what "good behaviour" might mean. The constitution seems to be leaving an opening for the impeachment of Supreme Court Judges:

Article III.

Section. 1.

The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.

66 posted on 09/02/2011 12:37:47 PM PDT by KittenClaws (A closed mouth gathers no foot.)
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To: Steamburg

As I said in my last post-

(I believe) Perry brings these things up to have the discussion, to remind people that the power is in their hands, that it is “government of the people, by the people, for the people.” And to make any changes before it’s too late — as it is now, we’re at the “vote your money into my pocket” point now. We can only remain a Republic if the people who have power are moral, and care about the country.


67 posted on 09/02/2011 12:38:10 PM PDT by Cincinatus' Wife
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To: Buckeye McFrog
that will sound like a good idea until the day comes when we have four Conservatives coming up on Triple Witching Hour with a ‘Rat in the White House

That would be my fear.

68 posted on 09/02/2011 12:39:08 PM PDT by proud American in Canada (To paraphrase Sarah Palin: "I love when the liberals get all wee-wee'd up.")
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To: Beelzebubba

“If you are a strict constructionalist - which apparently the governor isn’t because he’s looking to amend the Constitution - you would have respect for the wisdom of the Framers.”

This is from the president of the ABA? Can she really not be aware that the Framers wrote Article V? Or is she just a dirty liar?


69 posted on 09/02/2011 12:39:43 PM PDT by Tublecane
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To: Sybeck1

See Post #57.


70 posted on 09/02/2011 12:40:10 PM PDT by Cincinatus' Wife
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To: gardencatz

“Every time someone tries to tinker with what is NOT supposed to be a living document there are always unintended consequences.”

It most certainly IS supposed to be living in the sense that it can be amended, which is what we’re talking about here.


71 posted on 09/02/2011 12:42:07 PM PDT by Tublecane
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To: bobby.223

I had to review.

http://en.wikipedia.org/wiki/Checkers_speech

I think Sarah has been given the opportunity to give a few “Checkers speeches” of her own.

Sometimes an attack can backfire as it did in the fund scandal in ‘52.

But I do hate the emotional appeals when they are hollow.


72 posted on 09/02/2011 12:42:55 PM PDT by cuban leaf
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To: Buckeye McFrog
that will sound like a good idea until the day comes when we have four Conservatives coming up on Triple Witching Hour with a ‘Rat in the White House

ding, ding, ding...we have a winner.

I'll take Perry over Romney and either one of those over Obama on any day. But, I'm really not sold on Perry and am getting frustrated with media anointed front-runners.

73 posted on 09/02/2011 12:43:16 PM PDT by Armando Guerra
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To: Castigar
I noticed that myself. For wanting to follow the Constitutionally-mandated method for changing the Constitution, Perry isn't a strict constructionist? Pah.

I'm not sure if the idea is good or not, but the process proposed is proper.

74 posted on 09/02/2011 12:43:20 PM PDT by dirtboy
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To: Diogenesis

“Not logical.

Conservatives conserve the Constitution.

What other RINO changes does he want?”

This issue has apparently driven a lot of people off the deep end. Since when can’t a conservative amend the Constitution? Amendability is part of the essence of the Constitution. This particular issue is one thing, and so are general questions about how often it should be amended or how solemn and serious a process it is. But to say conservative = conserve = no amendments is just stupid.

And what does “logic” have to do with it? Since “conservative” is our label, we are “logically” compelled never to change anything? That’s insane.


75 posted on 09/02/2011 12:47:10 PM PDT by Tublecane
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To: JDW11235
Agree regarding reps.

The 435 members of Congress was set a hundred years ago when we had less than 100 million people. We have over three times that number now.

The Constitution specifies no more than 1:30,000. We are over 1:700,000 now. There should be around 5,000 Congressmen. Let San Francisco send a dozen freaks, and my rural FL panhandle county will send a single good ‘ol boy.

Every ten years the country goes nuts with reapportionment. Almost all plans end up in court where libs abuse the unconstitutional Voting Rights Act. This judicial nonsense could be largely avoided if there was a rep for every 30-40K citizens.

My two cents.

76 posted on 09/02/2011 12:47:32 PM PDT by Jacquerie
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To: Jacquerie

Make that 435 of the House. Oops.


77 posted on 09/02/2011 12:49:02 PM PDT by Jacquerie
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To: mamelukesabre

Ditto.


78 posted on 09/02/2011 12:51:46 PM PDT by Fledermaus (I'm done with political parties. The GOP is useless. Anarchy is perferable to this CRAP!)
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To: BuckeyeTexan

I don’t like the idea of term limits for Justice, but I DO wish the Senators who pass them on so blithely would take their responsibility more seriously than just going along because it’s a president’s prerogative.

Th senatorsy are not voting for Homecoming King. These ARE lifetime appointments to positions that will affect all Americans’ lives for generations and in that sense, far more important than any president or senator or representative.


79 posted on 09/02/2011 12:51:46 PM PDT by EDINVA ( Jimmy McMillan '12: because RENT'S TOO DAMN HIGH)
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To: Jacquerie

I read the article and would agree that the power of Congress to reign in the Supreme Court exists. However, I am not sure that I would want that power to be exercised. Imagine if after passing ObamaCare Congress then passed a joint resolution restricting the Supreme Court from ruling on its constitutionality?


80 posted on 09/02/2011 12:54:08 PM PDT by Armando Guerra
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To: RitchieAprile

“He also wants to be able to overturn SC decisions by a 2/3 vote of Congress. Thats a two edged sword. I’d leave it be.”

Yeah, it’s one thing to pretend justices are interested in nothing but the law, or that they know what they’re talking about in the first place (which is often hard to tell). Perhaps there’s a better balance we could strike. It’s quite another to throw the Constitution into the swamp and subordinate the law to democracy, even super-majority reporesentative democracy. Yuck.


81 posted on 09/02/2011 12:55:31 PM PDT by Tublecane
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To: GonzoGOP

Quick question, name the three longest serving supreme court chief justices?


82 posted on 09/02/2011 1:02:00 PM PDT by BenKenobi (Honkeys for Herman!)
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To: Genoa
Yes, but you can vote Congress out of office and undo what the earlier one did, a lot quicker than you can get a new and different Supreme Court.

As some of our fundamental rights bounced up and down like a rubber ball? We could be free men in one Congressional session and criminal felons the next. And imagine the congressional campaigns that would be driven by such a system. Again, no thanks.

83 posted on 09/02/2011 1:02:30 PM PDT by buccaneer81 (ECOMCON)
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To: BenKenobi

Black, Stevens and Burger?


84 posted on 09/02/2011 1:03:35 PM PDT by buccaneer81 (ECOMCON)
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To: buccaneer81

Chief Justices.

Burger rings in at number 5.


85 posted on 09/02/2011 1:05:46 PM PDT by BenKenobi (Honkeys for Herman!)
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To: Cincinatus' Wife; P-Marlowe; wmfights; Forest Keeper
"If you are a strict constructionalist - which apparently the governor isn't because he's looking to amend the Constitution - you would have respect for the wisdom of the Framers."

The person who wrote this is an idiot. The Constitution itself allows for its own amendment. A strict constructionist would say, "Amend it according to the process set out in the constitution, and you have correctly applied the Constitution to itself."

86 posted on 09/02/2011 1:06:28 PM PDT by xzins (Retired Army Chaplain and Proud of It! True Supporters of our Troops PRAY for their VICTORY!)
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To: BuckeyeTexan

I don’t think it would make a difference.


87 posted on 09/02/2011 1:07:05 PM PDT by pgkdan (Time for a Cain Mutiny!)
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To: BenKenobi
Quick question, name the three longest serving supreme court chief justices?

Marshall, 34 years (Died on Active Duty) Taney 29 years (Died on Active Duty) Fuller 22 years (Died on Active Duty)

Note that they were limited by the shorter life spans prevalent in the 19th century when each of them started their terms. That isn't a limiting factor today.
88 posted on 09/02/2011 1:09:36 PM PDT by GonzoGOP (There are millions of paranoid people in the world and they are all out to get me.)
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To: BenKenobi

Okay. Marshall and Rehnquist are all I can up with. Along with Burger.


89 posted on 09/02/2011 1:11:07 PM PDT by buccaneer81 (ECOMCON)
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To: BuckeyeTexan

I think every government job should have term limits.


90 posted on 09/02/2011 1:11:54 PM PDT by ilovesarah2012
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To: buccaneer81

Seems to me that conservatives don’t think far into the future. What sounds good under a republican dominated government can bite you hard under a democrat led government.

Our government is supposed to act slowly.


91 posted on 09/02/2011 1:12:06 PM PDT by cripplecreek (A vote for Amnesty is a vote for a Permenant Democrat majority. ..Choose well.)
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To: Armando Guerra
Yes, the sword could swing both ways. IIRC Tom Daschle, back when he was majority leader, had an FAA law written so that it favored an aviation company his wife worked for. The law contained language that prevented judicial review.

As our Framers feared, we have become a debauched people, who have sent far too many dirtbags to govern us. With such people unanchored by morality and devoid of virtue, can we expect Constitutional government?

Also, the Framers never seriously considered a popularly elected Senate. The 17th really screwed things up.

92 posted on 09/02/2011 1:12:52 PM PDT by Jacquerie
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To: Castigar

“This doesn’t follow. By that reasoning we wouldn’t have ended slavery by amending the constitution”

Liberals either actually do or only pretend to think conservatives are racists, and as such have absolutely no problem believing a strict constructionist for consistency’s sake must have opposed the 13th amendment. They are also periodic morons, so I’m not surprised.


93 posted on 09/02/2011 1:13:28 PM PDT by Tublecane
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To: GraceG

The “population” that elected Obama?


94 posted on 09/02/2011 1:15:00 PM PDT by ilovesarah2012
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To: Cincinatus' Wife

I’m all in favor of term limits for both liberal judges and liberal Congress men... flush them out soon as possible! LOL!


95 posted on 09/02/2011 1:15:24 PM PDT by Nat Turner (I can see NOVEMBER 2012 from my house....)
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To: Cincinatus' Wife

He’s wrong on this. SC is fine. Congress can pass laws/ammend Constitution to offset judicial activism. Big problem is Congress. Starting with the popular election of Senate. Founding Fathers got it right.


96 posted on 09/02/2011 1:17:32 PM PDT by wizwor
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To: Jacquerie

I agree.


97 posted on 09/02/2011 1:17:56 PM PDT by Armando Guerra
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To: GonzoGOP

Marshall died at 80, Taney died at 87, Fuller at 77.

Marshall was appointed at 46, Taney at 59 and Fuller at 55.

All lived during the 19th century. If lifespans are longer now, you would expect the longest serving chief justices to be the recent ones, but that’s not the case.


98 posted on 09/02/2011 1:18:07 PM PDT by BenKenobi (Honkeys for Herman!)
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To: BenKenobi

Lifespans are not necessarily longer now, but the average life expectancy is,... mostly due to higher infant mortality in earlier times.

If you have two people and one live to be 90 and the other dies at one month old, the average life expectancy is 45, but the longest lifespan is 90.

If you have two people and one lives to be 70 and the other dies at 50, the average life expectancy is 60 and the longest lifespan is 70.

This is how the medical industry ‘games’ the system - by saving more youngsters, and not necessarily by providing more time at the end of life - - oh don’t get me wrong, the medical establishment might have actually given each of us a couple of years at the end of our lives. Is it quality time? ...And at what cost?


99 posted on 09/02/2011 1:23:58 PM PDT by colorcountry (Comforting lies are not your friends. Painful truths are not your enemies.)
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To: colorcountry

Saved me the trouble of posting. :)


100 posted on 09/02/2011 1:27:19 PM PDT by BenKenobi (Honkeys for Herman!)
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