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Trump judge nominee, 36, who has never tried a case, wins approval of Senate panel

Discussion in 'Political Debate & Discussion' started by FollowTheWay, Nov 10, 2017.

  1. TCassidy

    TCassidy Late-Administator Emeritus
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    What best constitutes a proper qualification? "The proof of the pudding is in the eating." I remember a young infantry Sergeant in WWII who lacked any seeming qualification to lead an Infantry platoon, and was, in fact denied enlistment by the Navy and the Marine Corps and, initially, by the Army too. Yet Audie Murphy did so, heroically, and received the Medal of Honor for his service, stopping an enemy charge and leading a counter charge while wounded and out of ammunition. And was commissioned and eventually rose to the rank of Major.

    Including the Medal of Honor noted above he also received
    The Distinguished Service Cross
    The Silver Star (Twice)
    The Legion of Merit
    The Bronze Star Medal (Twice)
    Purple Heart (Three times)
    The Army Good Conduct Medal
    U.S. Army and U.S. Air Force Presidential Unit Citation (Twice)
    The American Campaign Medal
    The European-African-Middle Eastern Campaign
    African-Middle Eastern Campaign Medal (9 campaigns)
    The World War II Victory Medal
    The Army of Occupation Medal with Germany clasp
    The Legion Honneur Chevalier
    The Ruban de la croix de guerre 1939-1945
    The French Croix de Guerre with silver star
    The Croix de guerre with palm (France)
    The Croix de Guerre (Belgium)
    The French fourragère in colors of the Croix de Guerre
    The Combat Infantry Badge
    The Markesman Weapons Qual Badge Rifle Component Bar
    The Army Expert Badge with Bayonet Component Bar
    The USA - Army Outstanding Civilian Service Award
    The Texas Legislative Medal of Honor

    Not bad for a guy considered "unqualified" by all three branches of service.
     
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  2. TCassidy

    TCassidy Late-Administator Emeritus
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    SCOTUS ruled on the issue before them, that Congress has the right to levy taxes. The Constitution is very clear about that.

    And, yes, I suspect we have very different perspectives on the subject. I believe the Constitution is our supreme law of the land. You, apparently, don't. I don't believe in an activist court. You apparently do. I believe in judicial restraint. You apparently don't.
     
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  3. Alcott

    Alcott Well-Known Member
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    So, how surprised are you? Or do you insist you are not average?
     
  4. FollowTheWay

    FollowTheWay Well-Known Member
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    Kagan is the first justice appointed without any prior experience as a judge since William Rehnquist in 1972.[ Then Rehnquist was also not qualified? Actually, she served as the Solicitor General and Solicitors General have been considered potential nominees to the Supreme Court in the past.
     
  5. FollowTheWay

    FollowTheWay Well-Known Member
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    He became a great president.
     
  6. FollowTheWay

    FollowTheWay Well-Known Member
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    Actually, it was. Southern Seminary had a well-respected faculty before Mueller arrived and served as the hatchet man fot the fundamentalists who took over the SBC in a very divisive way.
     
  7. FollowTheWay

    FollowTheWay Well-Known Member
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    There is no such thing as the far left.
     
  8. Salty

    Salty 20,000 Posts Club
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    that is strictly a matter of opinion
     
  9. Reynolds

    Reynolds Well-Known Member
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    No, as written, it was Un-Constitutional. Obama and Congress explicitly said it was not a tax. The Courts took an unprecedented leap and corrected the improperly written law instead of striking it down. The court was in error. The court was outside their Constitutional authority. They do not have the power to re-write legislation.

    "In answering that question [whether the individual mandate is independently authorized by Congress's taxing power] we must, if "fairly possible", Crowell v. Benson, 285 U. S. 22, 62 (1932), construe the provision to be a tax rather than a mandate-with-penalty, since that would render it constitutional rather than unconstitutional (ut res magis valeat quam pereat). But we cannot rewrite the statute to be what it is not. "'[A]lthough this Court will often strain to construe legislation so as to save it against constitutional attack, it must not and will not carry this to the point of perverting the purpose of a statute ...' or judicially rewriting it." Commodity Futures Trading Comm'n v. Schor, 478 U. S. 833, 841 (1986) (quoting Aptheker v. Secretary of State, 378 U. S. 500, 515 (1964), in turn quoting Scales v. United States, 367 U. S. 203, 211 (1961)). In this case, there is simply no way, "without doing violence to the fair meaning of the words used", Grenada County Supervisors v. Brogden, 112 U. S. 261, 269 (1884), to escape what Congress enacted: a mandate that individuals maintain minimum essential coverage, enforced by a penalty."
     
    #49 Reynolds, Nov 12, 2017
    Last edited: Nov 12, 2017
  10. TCassidy

    TCassidy Late-Administator Emeritus
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    He was clerk for SCOTUS in 1952-1953.
     
  11. TCassidy

    TCassidy Late-Administator Emeritus
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    No, it wasn't unconstitutional. Calling a tax a "not-a-tax" doesn't change the fact it was a tax, as SCOTUS clearly and correctly ruled.
     
  12. TCassidy

    TCassidy Late-Administator Emeritus
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    Probably in the top 5 worst Presidents ever.
     
  13. Revmitchell

    Revmitchell Well-Known Member
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    You don't get it. In today's world the founding Fathers would be call far right but they are the standard in this country. The far left are those who are on the opposite end of the standard for this country. Those who support the founding principles are only supporting the primary standard for this country therefore they cannot be far anything. They are right where they should be unlike those who support your extreme (being hat which is in opposition to the founding of this country)
     
  14. Reynolds

    Reynolds Well-Known Member
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    It was not passed in the appropriate manner to levy a tax. It was not passed as a tax. It was expressly passed as a civil law. The law should have been struck down and been forced to be passed through tax appropriations. The dessenting opinion is Constitutionally correct. The Court knew it would never re-pass, so Roberts fixed it instead of doing his strict Constitutional duty of striking it.
     
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  15. TCassidy

    TCassidy Late-Administator Emeritus
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    Check your constitution and see if it ways "the appropriations committee" or "Congress" has the authority to levy taxes.
     
  16. Reynolds

    Reynolds Well-Known Member
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    The 4 dissenting justices agree with me. Read their dissenting opinion?
     
  17. TCassidy

    TCassidy Late-Administator Emeritus
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    Read the Constitution. :)
     
  18. Reynolds

    Reynolds Well-Known Member
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    Have you read their opinion?
    I agree Congress can tax. Congress did not tax. The dissenting opinion plainly explains that.
     
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  19. TCassidy

    TCassidy Late-Administator Emeritus
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    The dissenting opinion, by definition, lost and is not the law of the land. :)
     
  20. Reynolds

    Reynolds Well-Known Member
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    You agree with sotomayor and the other liberals over Thomas and Scalia?
     
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