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Conservatives Split on Gingrich's Courts Plan
FOX News ^ | Dec 19, 2011 | By Shannon Bream

Posted on 12/19/2011 9:54:13 PM PST by Jim Robinson

For nearly a decade, 2012 contender Newt Gingrich has been floating some controversial ideas aimed at reining in the federal judiciary. He's called that branch of government "grotesquely dictatorial" and elitist. Should he become president, Gingrich says he'll ignore Supreme Court decisions if they don't square with his interpretation of the Constitution or what he believes the country's founders intended.

Gingrich says federal judges should be called before Congress to explain their decisions, suggesting Sunday that he'd even approve of arresting them if they refused to show up. It's an issue raised Thursday in Fox News' GOP debate in Iowa, with Gingrich responding, "I would be prepared to take on the judiciary if, in fact, it did not restrict itself in what it was doing."

Former Pennsylvania Rep. Bob Walker, a Gingrich supporter, says the proposals are spot on.

"What he's suggesting is a very, very important change in the direction of how we deal with the courts acting more like legislatures than like courts," Walker said. He adds that it's time to "rebalance" the system. For Gingrich, in some cases, that would mean abolishing certain courts altogether.

There are plenty of critics taking aim at Gingrich, including those who say he's misread the Constitution and Federalist Papers. Roger Pilon, vice president of legal affairs for the CATO Institute, says Gingrich is challenging the very system established at our nation's origins.

"If you're going to attack it, you're really attacking the (Constitution's) framers," he said.

Others who agree with Gingrich that the federal judiciary has often overstepped its bounds say the solutions he's proposing are unworkable.

(Excerpt) Read more at foxnews.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: activistjudges; activistjudiciary; elections; gingrich; judiciary; newt
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We've all known on FR for a very long time that the liberal activist judiciary is a large part of the problem. What the liberals can't get done legislatively, they simply get the activist courts to do for them. Roe vs Wade for example.

I give credit to Gingrich for recognizing that they must be reined in. The dunderhead Romney sure as hell won't. He blames the judges in Massachusetts for gay marriage on his watch but refuses to lift a finger to oppose them.

1 posted on 12/19/2011 9:54:15 PM PST by Jim Robinson
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To: Jim Robinson

Someone sometime has to rein in the Black-Robed Priests.

And it looks like Newt is the only one with the guts to do it.


2 posted on 12/19/2011 9:58:03 PM PST by Old Sarge (RIP FReeper Skyraider (1930-2011) - You Are Missed)
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To: Jim Robinson

I really wish we were talking about massive tax reform instead.


3 posted on 12/19/2011 9:58:12 PM PST by fightinJAG (So many seem to have lost their sense of smell . . .)
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To: fightinJAG

Analysis: Gingrich tax plan starves government, say economists

http://www.freerepublic.com/focus/f-news/2822683/posts


4 posted on 12/19/2011 10:05:40 PM PST by Jim Robinson (Rebellion is brewing!! Impeach the corrupt Marxist bastard!!)
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To: Jim Robinson
The real enemy is OBAMA, & no more circular firing squads.

5 posted on 12/19/2011 10:05:54 PM PST by skinkinthegrass (I can take tomorrow, spend it all today. Who can take your income, tax it all away. Obama Man can. :)
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To: fightinJAG

Start with taking down all the activist judges and you are on the road to massive tax reform.


6 posted on 12/19/2011 10:06:45 PM PST by HANG THE EXPENSE (Life is tough.It's tougher when you're stupid.)
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To: Jim Robinson

Constitution’s there for a reason. Call me a traitor, but I think the first obligation of the president is to uphold the constitution.

I think Newt’s plan is the worst thing that could happen. Better to do nothing than to tear down what has been built.

The constitutional way is to appoint justices who will uphold the constitution in their rulings. If the republicans had done that instead of nominating Souter and O’Connor, it would be a much different picture today.


7 posted on 12/19/2011 10:09:58 PM PST by BenKenobi (Honkeys for Herman! 10 percent is enough for God; 9 percent is enough for government)
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To: Old Sarge

Looks like a shot across the bow.


8 posted on 12/19/2011 10:10:02 PM PST by Balata (It's 'WE THE PEOPLE' Obama, not 'WE THE SHEEPLE'!)
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To: Jim Robinson

I agree: better to have the courts disempowered and fight things out in legislatures.


9 posted on 12/19/2011 10:12:32 PM PST by DNA.2012
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To: Jim Robinson
Conservatives split?My arse.Just remember, people who are liars/lawyers are liars/lawyers first and foremost and they stick with their own regardless of conservative or liberal.No lawyer likes to hear anyone say anything about taking a chunk out of the judiciary which is their bread and butter.Talk about an old boy network.
10 posted on 12/19/2011 10:12:52 PM PST by HANG THE EXPENSE (Life is tough.It's tougher when you're stupid.)
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To: BenKenobi
the first obligation of the president is to uphold the constitution

Refusing to acquiese to court decisions which betray the Constitution is upholding the Constitution.

11 posted on 12/19/2011 10:15:40 PM PST by DNA.2012
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To: skinkinthegrass

“The real enemy is OBAMA, & no more circular firing squads.”

I agree Obama is the enemy. So why are conservatives even entering into a conversation that could help him justify ignoring a SCOTUS decision against Obamacare? That seems shortsighted and foolish.


12 posted on 12/19/2011 10:16:05 PM PST by COgamer
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To: Jim Robinson; TitansAFC
Former Pennsylvania Rep. Bob Walker, a Gingrich supporter, says the proposals are spot on.

Bob Walker, a name from the past whom I always liked admired! Very happy to learn he is supporting Newt Gingrich!

We know that Gingrich is right and that his detractors aren't presenting his position on the Courts accurately. After all, most of them are lawyers....lol.

Read and learn: www.newt.org/ = PDF FILE

13 posted on 12/19/2011 10:16:19 PM PST by onyx (PLEASE SUPPORT FREE REPUBLIC:DONATE MONTHLY! Sarah's New Ping List - tell me if you want on it.)
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To: Jim Robinson
...suggesting Sunday that he'd even approve of arresting them if they refused to show up.

The president wouldn't have much say about it if Congress issued an arrest warrant for contempt for failure to appear for a Congressional subpoena. The president could approve in one hand and disapprove in the other and see which one filled up first.

Regime change in the courts. Impeach activist judges!

14 posted on 12/19/2011 10:17:35 PM PST by TigersEye (Life is about choices. Your choices. Make good ones.)
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To: Jim Robinson

Congress can dissolve any court it chooses at any time save the SCOTUS. The President has no such power. Gingrich should have acted when he was Speaker.


15 posted on 12/19/2011 10:19:47 PM PST by Hoodat (Because they do not change, Therefore they do not fear God. -Psalm 55:19-)
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To: Hoodat

Yup.

http://www.newt.org/sites/newt.org/files/Courts.pdf


16 posted on 12/19/2011 10:22:10 PM PST by Jim Robinson (Rebellion is brewing!! Impeach the corrupt Marxist bastard!!)
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To: Jim Robinson

Well, the news tonight about the Tea Party vote - with 23,000 on a conference call - voted for Newt - 30%, Bachmann 28% and Romney 20%...would seem to refute FOX’s claim.

So it doesn’t sound like these people - a conservative block - are worried about Newt’s stance on the courts. Unlike BOR and others, conservatives know very well what the courts have become - another arm of government for the Socialists.

How many times, in state after state, have people voted in issues the opposite way in which the Socialists wanted, so they send it to one of their courts and the peoples votes are tossed out?


17 posted on 12/19/2011 10:22:52 PM PST by maine-iac7 (A prudent man foreseeth the evil,... but the simple pass on, and are punished. Prov 23:3 KJV)
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To: Hoodat

And I believe a President Gingrich would carry it through. Doubtful Clinton would have.


18 posted on 12/19/2011 10:24:32 PM PST by Jim Robinson (Rebellion is brewing!! Impeach the corrupt Marxist bastard!!)
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To: BenKenobi
I think Newt’s plan is the worst thing that could happen. Better to do nothing than to tear down what has been built

The Constitution did not call for or provide for ACTIVIST judges. You do know the difference, don't you?

19 posted on 12/19/2011 10:25:37 PM PST by maine-iac7 (A prudent man foreseeth the evil,... but the simple pass on, and are punished. Prov 23:3 KJV)
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To: BenKenobi

15 Federal Judges have been impeached since 1789.

Newt would simply refuse to enforce unconstitutional judicial fiats.

It would be up to the legislative branch to impeach him, or the judge who overstepped their bounds.

It’s nothing new.


20 posted on 12/19/2011 10:25:44 PM PST by rwilson99 (Please tell me how the words "shall not perish and have everlasting life" would NOT apply to Mary.)
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