Posted on 09/14/2005 4:43:55 AM PDT by OXENinFLA
biden - what a preening peacock he is!
I'm a proud southerner and I'm just not getting into that argument here. This is Roberts' day and I want to see him nominated!
Roberts is looking at Biden like a vegan looks at a Bar-BQ pit..
Discriminegation
NOOOOOOO!
Biden up!
ALREADY BEING AN A$$!
Can someone in that room please smack him? Anyone? I know that you guys are reading this thread.
Fake Smile count = 3
He bops between boring and belligerent.
There is nothing patriotic about Americans shooting U.S. troops or hanging people for possessing a U.S. flag, which is what the Confederates did.
Are you the official counter?
>>You kidding? Remove Arlen preemptively and you remove a Republican vote.<<
No, sir, not kidding. I would assume Specter would be replaced by another -- REAL -- Republican. Correct me if I am wrong.
"It's now the top of the third inning and Judge Roberts is ahead 18-0."
That should invoke the "Mercry Rule."
Fake smile count = 4
I'm a proud Yankee, but I am glad you don't want to start a second war over it. It would end the same way. ;)
BTW, I think Roberts has been nominated. I think you want him confirmed. :)
Discriminegation
ROBERTS: Well, I don't want to comment on any particular case but I think I can speak more generally about the approach. I know Justices Scalia and Breyer had a little debate about it themselves here in town that was very illuminating to get both of their views.
And I would say, as a general matter, that there are a couple of things that cause concern on my part about the use of foreign law as precedent. As you say, this isn't about interpreting treaties or foreign contracts but as precedent on the meaning of American law.
The first has to do with democratic theory. Judicial decisions: In this country, judges, of course, are not accountable to the people, but we are appointed through a process that allows for participation of the electorate.
The president who nominates judges is obviously accountable to the people. Senators who confirm judges are accountable to people. And in that way, the role of the judge is consistent with the democratic theory.
ROBERTS: If we're relying on a decision from a German judge about what our Constitution means, no president accountable to the people appointed that judge and no Senate accountable to the people confirmed that judge. And yet he's playing a role in shaping the law that binds the people in this country.
I think that's a concern that has to be addressed.
The other part of it that would concern me is that, relying on foreign precedent doesn't confine judges. It doesn't limit their discretion the way relying on domestic precedent does.
Domestic precedent can confine and shape the discretion of the judges. Foreign law, you can find anything you want. If you don't find it in the decisions of France or Italy, it's in the decisions of Somalia or Japan or Indonesia or wherever.
As somebody said in another context, looking at foreign law for support is like looking out over a crowd and picking out your friends. You can find them. They're there.
And that actually expands the discretion of the judge. It allows the judge to incorporate his or her own personal preferences, cloak them with the authority of precedent -- because they're finding precedent in foreign law -- and use that to determine the meaning of the Constitution.
And I think that's a misuse of precedent, not a correct use of precedent.
Oh Gee .. Biden's back thinking he can out smart Roberts
This smack down should be fun to watch
"I will not interrupt if you keep your answers short."
Hey PLUGZ, KEEP YOUR QUESTIONS SHORT! Then maybe you will get short answers. You ask a 10 minute question, you CANNOT get a yes or no answer.
I may have to turn off C-Span before I explode.
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