Obama, Clinton. Which is the lesser of two evils?

[DividedThigh]

Originally Posted by Baron1710

Sorry that was in the news so much during the confirmation of John Roberts, I thought it had become common usage. It's the shortened form of a phrase which means to let the decision stand. They grill conservative justices on it because they want to make sure they will let the abortion decision stand. In the common law one case builds off of another and the idea is that you look back at previous decisions to determine how to rule so that the law remains the same.

thanks bro, i read stuff all day , every day, didnt notice that, cool, dt

[TRFrance]

Originally Posted by Baron1710

Sorry that was in the news so much during the confirmation of John Roberts, I thought it had become common usage. It's the shortened form of a phrase which means to let the decision stand. They grill conservative justices on it because they want to make sure they will let the abortion decision stand. In the common law one case builds off of another and the idea is that you look back at previous decisions to determine how to rule so that the law remains the same.

... which has the effect, if not intent, of making it harder to overturn bad law.

[Baron1710]

Originally Posted by ChristopherHall

I have an audio series titled, “May It Please the Court”, that has audio recordings of major Supreme Court sessions where they mentioned stare dicisis. It’s fascinating really. What really interested me is how Roe v. Wade was argued and how the court evaluated both sides. After hearing the audio recordings I had a better understanding of why the court ruled as it did. Sometimes we loose sight of the details in our heated debates on social issues.

A lot of the decisions have more to them than people realize. Roe v. Wade was just bad law, even Allan Dershowitz has said Roe was flawed. The court invented a right. I would love to see Roe overturned, but that would not end abortion in America, it would return to the states the right to regulate or eliminate it. Don't forget oral arguments are not the same as the courts decision.

[Baron1710]

Originally Posted by TRFrance

... which has the effect, if not intent, of making it harder to overturn bad law.

Absolutely true. Michael Paulson (might have misspelled) wrote an article and the title was something like, Why Stare Decisis is Unconstitutional. He talks about the Justices obligation to uphold the constitution and if a law is unconstitutional it doesn't matter what a previous decision was. For all practical purposes though its just a guideline its not like they are thrown off the court for overruling a precedent.

[DividedThigh]

Originally Posted by Baron1710

Absolutely true. Michael Paulson (might have misspelled) wrote an article and the title was something like, Why Stare Decisis is Unconstitutional. He talks about the Justices obligation to uphold the constitution and if a law is unconstitutional it doesn't matter what a previous decision was. For all practical purposes though its just a guideline its not like they are thrown off the court for overruling a precedent.

now you are talking, uphold the constitution, and all that i have read says that roe was bad law, let the states handle it, then it is closer to the people and it should be up to them anyway, dt

[clgustaveson]

Bush was the lesser of the two evils---- TWICE!

I am sick of picking the lesser of the two evils when my little brother could do a better job. Why do we have people like Newt sitting on their duffs letting big government Republicans ruin America? EW!

[TRFrance]

Originally Posted by clgustaveson

Bush was the lesser of the two evils---- TWICE!

I am sick of picking the lesser of the two evils when my little brother could do a better job. Why do we have people like Newt sitting on their duffs letting big government Republicans ruin America? EW!

Ironically the best and brightest don't want to run for office.

Someone like Thomas Sowell or Phyllis Schlafly could possible make great presidents, but they'll never run.

[clgustaveson]

Originally Posted by TRFrance

Ironically the best and brightest don't want to run for office.

Someone like Thomas Sowell or Phyllis Schlafly could possible make great presidents, but they'll never run.

Possibly but they would never win....

In America today George Washington, Ronald Reagan, or Abe Lincoln would never be voted into office!

<------- Americo

[TRFrance]

Originally Posted by clgustaveson

Possibly but they would never win....

In America today George Washington, Ronald Reagan, or Abe Lincoln would never be voted into office!

Indeed

24 years ago, Reagan won 49 of the 50 states.
That'll never,ever happen again.
Especially not by a Republican.

[clgustaveson]

Not with the socialist trend we face.