SENATE STANDING COMMITTEE: Judiciary (Check and Balances Amendment)
       |           

Welcome, Guest. Please login or register.
Did you miss your activation email?
April 19, 2024, 05:27:12 AM
News: Election Simulator 2.0 Released. Senate/Gubernatorial maps, proportional electoral votes, and more - Read more

  Talk Elections
  Atlas Fantasy Elections
  Atlas Fantasy Government (Moderators: Southern Senator North Carolina Yankee, Lumine)
  SENATE STANDING COMMITTEE: Judiciary (Check and Balances Amendment)
« previous next »
Pages: 1 2 3 4 5 6 [7]
Author Topic: SENATE STANDING COMMITTEE: Judiciary (Check and Balances Amendment)  (Read 7835 times)
TJ in Oregon
TJ in Cleve
Junior Chimp
*****
Posts: 8,952
United States


Political Matrix
E: 0.13, S: 6.96

Show only this user's posts in this thread
« Reply #150 on: August 22, 2013, 10:50:47 PM »

I have mixed feelings about this. On one hand, I like the thought of getting citizens more involved in the game and this amendment would clearly do that. On the other hand, I could see a scenario where a case comes up and has an unpopular but legally clear answer to it and by bypassing the Court we create a narrative of the people speaking the other way loudly enough that a SC who may rule correctly otherwise does not find within it the impetus to take and overrule the will of the people. This is what judicial review is all about.
Logged
President Tyrion
TyrionTheImperialist
Sr. Member
****
Posts: 2,787


Show only this user's posts in this thread
« Reply #151 on: August 24, 2013, 11:59:11 AM »

I have mixed feelings about this. On one hand, I like the thought of getting citizens more involved in the game and this amendment would clearly do that. On the other hand, I could see a scenario where a case comes up and has an unpopular but legally clear answer to it and by bypassing the Court we create a narrative of the people speaking the other way loudly enough that a SC who may rule correctly otherwise does not find within it the impetus to take and overrule the will of the people. This is what judicial review is all about.

Well, I wouldn't want to tread on the toes of the SC to determine what that impetus might be, but I think most, if not all, such situations would be avoided if the SC set a low burden of proof for determining partiality. After all, the justice presiding over the case would see the evidence and know the constitutionality at work, so it would be difficult for me to fathom a situation in which the Justice wouldn't be able to justify taking an appeal having heard all the facts already.
Logged
Southern Senator North Carolina Yankee
North Carolina Yankee
Moderator
Atlas Institution
*****
Posts: 54,123
United States


Show only this user's posts in this thread
« Reply #152 on: August 26, 2013, 04:52:59 PM »

Would the other members be interested in bringing in some outside legal opinions on the matter, the implications and so forth?


Logged
President Tyrion
TyrionTheImperialist
Sr. Member
****
Posts: 2,787


Show only this user's posts in this thread
« Reply #153 on: August 26, 2013, 07:33:49 PM »

Would the other members be interested in bringing in some outside legal opinions on the matter, the implications and so forth?




I feel like non-committee members tend to ignore us Sad
Logged
Southern Senator North Carolina Yankee
North Carolina Yankee
Moderator
Atlas Institution
*****
Posts: 54,123
United States


Show only this user's posts in this thread
« Reply #154 on: August 27, 2013, 03:40:45 PM »

I was thinking like current or former Supreme Court Justices. They afterall would have to work with this system if adopted.
Logged
Southern Senator North Carolina Yankee
North Carolina Yankee
Moderator
Atlas Institution
*****
Posts: 54,123
United States


Show only this user's posts in this thread
« Reply #155 on: August 27, 2013, 03:43:52 PM »

Would the other members be interested in bringing in some outside legal opinions on the matter, the implications and so forth?




I feel like non-committee members tend to ignore us Sad

It doesn't help that the knife is presently at the throat of the system itself. Tongue Kinds of discourages attenativeness.
Logged
President Tyrion
TyrionTheImperialist
Sr. Member
****
Posts: 2,787


Show only this user's posts in this thread
« Reply #156 on: August 27, 2013, 06:10:48 PM »

Would the other members be interested in bringing in some outside legal opinions on the matter, the implications and so forth?




I feel like non-committee members tend to ignore us Sad

It doesn't help that the knife is presently at the throat of the system itself. Tongue Kinds of discourages attenativeness.

No doubt that's part of the problem! To be fair, I'm not a fan of committees in this format, but this purgatory is much, much worse than being fully alive or fully dead.
Logged
Southern Senator North Carolina Yankee
North Carolina Yankee
Moderator
Atlas Institution
*****
Posts: 54,123
United States


Show only this user's posts in this thread
« Reply #157 on: August 28, 2013, 02:49:13 PM »

Would the other members be interested in bringing in some outside legal opinions on the matter, the implications and so forth?




I feel like non-committee members tend to ignore us Sad

It doesn't help that the knife is presently at the throat of the system itself. Tongue Kinds of discourages attenativeness.

No doubt that's part of the problem! To be fair, I'm not a fan of committees in this format, but this purgatory is much, much worse than being fully alive or fully dead.

The purpose was reasonable and there was certainly benefits to be had, but like anything people have to want to make it work in order for it to work. There was also little desire to adapt them and everyone just jumped on killing them because they got annoyed with them. I have been warning, offering, even supporting a consoldiation for months and getting rid of the recommendation votes didn't change much.

Chairman Maxy, TJ, if there is no interest in bringing up some Justice people why not we make our final opinions on the reform proposal.
Logged
President Tyrion
TyrionTheImperialist
Sr. Member
****
Posts: 2,787


Show only this user's posts in this thread
« Reply #158 on: September 08, 2013, 12:34:20 AM »

I'm bumping this thread. I'd like to hear opinions from all Senators (and Fmr. Senator MaxQue) on this, so I can work on perhaps amending the proposal to align with your concerns.
Logged
Southern Senator North Carolina Yankee
North Carolina Yankee
Moderator
Atlas Institution
*****
Posts: 54,123
United States


Show only this user's posts in this thread
« Reply #159 on: September 08, 2013, 07:53:19 PM »

This committee no longer exists. I would recommend PMing them directly and then maybe discussing some of it here by mutual agreement. But just posting anything in here isn't going to compell much attention now, not that it did before anyway. Wink

Logged
President Tyrion
TyrionTheImperialist
Sr. Member
****
Posts: 2,787


Show only this user's posts in this thread
« Reply #160 on: September 08, 2013, 07:57:03 PM »

This committee no longer exists. I would recommend PMing them directly and then maybe discussing some of it here by mutual agreement. But just posting anything in here isn't going to compell much attention now, not that it did before anyway. Wink



Cripes... Ok, will do Smiley
Logged
Pages: 1 2 3 4 5 6 [7]  
« previous next »
Jump to:  


Login with username, password and session length

Terms of Service - DMCA Agent and Policy - Privacy Policy and Cookies

Powered by SMF 1.1.21 | SMF © 2015, Simple Machines

Page created in 0.03 seconds with 11 queries.