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Old 02-20-2012, 11:03 PM   #1
Lamplighter
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Gingrich's plan for America

Quote:
Originally Posted by richlevy View Post
And it may be closer than we think with this GOP candidate...

Newt Gingrich's official web site
Bringing the Courts Back Under the Constitution
NEWT 2012 Position Paper Supporting Item No. 9
of the 21st Century Contract with America:
Quote:
<snip>This NEWT 2012 campaign document serves as political notice to the public and to the
legislative and judicial branches that a Gingrich administration will reject the theory of judicial
supremacy
and will reject passivity as a response to Supreme Court rulings that ignore executive
and legislative concerns and which seek to institute policy changes that more properly rest with
Congress.

A Gingrich administration will use any appropriate executive branch powers, by itself
and acting in coordination with the legislative branch, to check and balance any Supreme Court
decision it believes to be fundamentally unconstitutional and to rein in any federal judge(s)
whose rulings exhibit a disregard for the Constitution.
<snip>
In areas of law in which the executive branch believes that the judicial branch has made
decisions that exceeded its constitutional powers, the President can direct the Solicitor General to
join litigation challenging the existing jurisprudence believed to be unconstitutional.<snip>
.
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Old 02-20-2012, 11:08 PM   #2
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THIS terrifies me.
A presidential candidate LITERALLY STATING, outright, that they will declare themselves the sole arbiter of constitutional interpretation, make themselves alone the Decider on the powers of the executive? Literally telling the supreme court that, if they don't agree with his interpretation, that he will reject their constitutional authority?
Do we really need to re-hash Marbury v. Madison?
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Old 02-20-2012, 11:22 PM   #3
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Sorry, my American History that far back is lacking.
What was the gist of Marbury v. Madison ?
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Old 02-20-2012, 11:27 PM   #4
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Marbury v. Madison established judicial review. That's why the Supreme Court can rule on the constitutionality of laws. Gingrich is basically saying, he doesn't have to respect the idea of judicial review.
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Old 02-20-2012, 11:45 PM   #5
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OK.
I came upon Gingrich's "Plan for America" several weeks ago, and have been
surprised that Issue # 9 has not received attention in the media, or by Dwellars.

It is extreme and frightening, but fits with some Conservatives' view of the "Universal President".
Was it Nixon or Cheney or who(?) that said something like: "If the President says it's lawful, it is legal."
So they would believe the corollary.

But Gingrich certainly is being explicit.
I don't think he published this just for the enjoyment of the far right.
I suspect that if elected, he could/would claim it as a "mandate".
.
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Old 02-21-2012, 05:47 AM   #6
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I'd like to assume the American people can be rallied against obvious attacks like this but they let everyone from Truman to Bush slide on aspects of checks and balances. Maybe they want a dictator to restore their national pride... there is a lot of precedent for that as well. Didn't Paul confront Gingrich on this? That may be why the press ignores it.
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Old 02-21-2012, 06:28 PM   #7
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Quote:
Originally Posted by Lamplighter View Post
Was it Nixon or Cheney or who(?) that said something like: "If the President says it's lawful, it is legal."
That was how Nixon justified Watergate. It was probably a last straw that caused many Nixon extremists to consider backing away from the President. It eventually made possible a vote for his impeachment.

Yes, Cheney also used that reasoning. Justified by 'findings' that said even torture was good and acceptable. Unfortunately, many Americans also agreed, without doubt, with Cheney.

What has changed? Our extremists in government are greater in numbers, power, and gall.

Back during Watergate, this 'Imperial Presidency' is why Supreme Court Chief Justice Earl Warren demanded a unanimous vote against Nixon. He worried that even an 8-1 vote would encourage the military to move against the court on orders from Nixon. Many forget back then how much concern existed for overt challenges to Constitutional law. "Imperial Presidency' was part of a larger fear. The Supreme Court had to consider even (least likely) alternatives such as a military occupation of the Supreme Court. Because Nixon's "Imperial Presidency" said a president's 'findings' were automatic laws.
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Old 02-21-2012, 08:48 PM   #8
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Quote:
Originally Posted by tw View Post
Back during Watergate, this 'Imperial Presidency' is why
Supreme Court Chief Justice Earl Warren demanded a unanimous vote against Nixon.
He worried that even an 8-1 vote would encourage the military to move against the court on orders from Nixon.
The Warren Court refers to the SCOTUS between 1953 & 1969, when Warren served as Chief Justice which
expanded civil rights, civil liberties, judicial power, and the federal power dramatically.

Warren retired in '69 long before Watergate. In fact he passed away a month before Nixon "resigned."
Warren had nothing to do with "demanding anything relative to Nixon and Watergate.
The only unanimous decisions he demanded were regarding segregation.

His comments on watergate ...
Quote:
If Nixon is not forced to turn over tapes of his conversations with the ring of men
who were conversing on their violations of the law, then liberty will soon be dead in this nation.
If Nixon gets away with that, then Nixon makes the law as he goes along — not the Congress nor the courts.
The old Court you and I served so long will not be worthy of its traditions if Nixon can twist,
turn and fashion the law as he sees fit.
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Old 02-21-2012, 10:52 AM   #9
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Quote:
In areas of law in which the executive branch believes that the judicial branch has made decisions that exceeded its constitutional powers, the President can direct the Solicitor General to join litigation challenging the existing jurisprudence believed to be unconstitutional.
Litigation? Where?
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Old 02-21-2012, 11:27 AM   #10
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I don't get it either. Once the supreme court rules, there isn't much room to litigate, is there? Not for a good long while.
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Old 02-21-2012, 10:04 PM   #11
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Holy crazy shit, batman.

Gingrich is scary. He's so narcissitic and sociopathic that if he had that kind of power, he would very likely use it.
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Old 02-22-2012, 09:32 AM   #12
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Yes, Zen, yes. But you left out masterful demagogue. He has terrific charisma and can speak in a tone of voice that seems so reasonable, so logical. The *content* of his remarks is sometimes Way. Out. There. but his words can drip honey as they spill from his lips.

He can't possibly think his ideas can exist in reality. It must be sheer rhetorical smoke.
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Old 02-22-2012, 04:55 PM   #13
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Quote:
Originally Posted by BigV View Post
He can't possibly think his ideas can exist in reality. It must be sheer rhetorical smoke.
Do not underestimate the self-delusion power of the narcissistic sociopath. Seriously.
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Old 02-22-2012, 05:04 PM   #14
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Gingrich had no problems shutting down the federal government... twice !
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Old 02-23-2012, 08:56 AM   #15
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Quote:
Originally Posted by Lamplighter View Post
Gingrich had no problems shutting down the federal government... twice !
I remember that. He caused our firm to revise its closure policy. We used to close when the federal government closed. This was supposed to be for inclement weather reasons. But after Gingrich shut down the government, and we were supposed to automatically close on a sunny day, the firm management was all like WTF? We need to adjust this policy.
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