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Originally Posted by The_Real_Hawkeye
Judicial Activism: A judicial philosophy which motivates judges to depart from strict adherence to judicial precedent in favor of progressive and new social policies which are not always consistent with the restraint expected of appellate judges.

- Blacks Law Dictionary


What edition is that from, Hawk?

I've got Westlaw open on my computer and the entry for "judicial activism" from the 9th Edition (2009) of Black's doesn't say that.

In fact, Westlaw and my bound volume of Black's both use the language I cited above.



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Sixth Edition, 1991. I wonder if the meaning of words have changed. wink

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I have an edition printed in 1996, and the language from your edition isn't in it. Funny, huh?

Oh, wait, are you sure you didn't get your language from here:

Quote
http://teapartyorg.ning.com/profiles/blogs/what-is-judicial-activism

Black�s Law Dictionary: �Judicial philosophy which motivates judges to depart from strict adherence to judicial precedent in favor or progressive and new social policies which are not always consistent with the restraint expected of appellate judges.



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Originally Posted by levrluvr
It can be sliced and diced a million different ways, but in the end, a precedent has been set; a very dangerous precedent. It's the slightest opening in a door that every dangerous politician looks for. Being taxed, penalized, whatever, for inactivity is one of the most dangerous precedents I can possibly think of, especially when involving 16,000 new IRS agents.
Plus a million..

And don't think they won't use it - BOTH parties..


Thanks, RINO Roberts, you piece of chit...



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Originally Posted by tjm10025

I have an edition printed in 1996, and the language from your edition isn't in it. Funny, huh?
Strange indeed. Here's mine. I keep it at my computer desk right next to my King Jame Bible and my copy of the US Constitution.

[Linked Image]

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Originally Posted by roundoak
Originally Posted by prm
I really don't like the precedent. Those are forever! However, it could have been much worse. Replace Roberts with a liberal justice and the whole thing would have stood up with no limitations to the commerce clause or the potential limitations as to what degree it can be taxed. We are one justice away from a complete run away government. Remember that come November.


Sorry, prm, I do not find much solace in it could have been worse, but I agree November elections are critical.


Rather than saying it could have been worse, as clearly there is little to take solace in here, it would have been more accurate to simply suggest that these critical decisions in the future will be disastrous for this country if 0bama gets four more years and the expected appointments. There won't even be the option of discussing whether the decision was a 'chess move' or maybe bringing up small bright spots in an otherwise gloomy decision.

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There was an opportunity to kill it flat-ass dead & say the Commerce Clause does not allow it & it is unconstitutional.

Roberts chose to play politics & cave to the pressure and criticism before the decision.

He has done us a terrible disservice, but you can rationalize it & try to put a happy face on it all you want.

MM

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That is my thinking too. Why not just say the thing is un-constitutional by any argument put forward and be done with it as the other desenting justices did. Seems to me that would have made it un-necessary to even try to find some supposed silver lining.


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Originally Posted by MontanaMan
There was an opportunity to kill it flat-ass dead & say the Commerce Clause does not allow it & it is unconstitutional.

Roberts chose to play politics & cave to the pressure and criticism before the decision.

He has done us a terrible disservice, but you can rationalize it & try to put a happy face on it all you want.

MM


I think precedence says the court (SCOTUS) look for a way to uphold something chosen by the people (Congress) and he was correct in finding a way to uphold it, even if we don't like it. I think to "kill it flat-ass dead & say the Commerce Clause does not allow it & it is unconstitutional" would be too narrow and limiting of a decision. Just my $0.02, but in this case although I don't agree with the law, and dislike the finding, I think the decision makes legal/logical sense. I will say I've only read some of it, have not finished it, but hope this weekend when I have a few more minutes I can call it read.


Deserve's got nothing to do with it.

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It may be far short of a full Obama victory

but

it is far too close


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Originally Posted by The_Real_Hawkeye
Originally Posted by tjm10025

I have an edition printed in 1996, and the language from your edition isn't in it. Funny, huh?
Strange indeed. Here's mine. I keep it at my computer desk right next to my King Jame Bible and my copy of the US Constitution.

[Linked Image]


I love a good old fashioned burn. grin

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Toward a good outcome that goes way beyond Roberts' posturing and dodging, and maybe to add a bit of practicality here, does anyone know the states and party affiliations of the Senators standing for re-election this year? How about the open seat candidates for Senate and their chances?


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Originally Posted by DocRocket
the issue is enormously complex and it's going to take a long time to play out, to the point where it's likely that more legislative action by Congress is going to be needed to fix the mess.


More legislative and judicial action will be needed to find out what form all of this will take.

Strange that Roberts is being praised for avoiding the activist label by voting with the liberal side of the court on this issue. Also, it required a Constitutional Amendment for the feds to implemnet an income tax but SCOTUS was able approve possibly a far wider ranging tax with a court decesion.

I think it premature to claim Roberts has placed boundaries on the Commerce or the Necessary and Proper Clause by saying they do not support Obamacare but he has given court approval for Congress to potentially place a wide range of taxes/fines on all of us.

Just a yokel in the unwashed masses thoughts. grin

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Another yokel here but I'm loving seeing the Dems being beaten down daily trying to answer if this is a penalty or a tax...
Sheds some real light on the lying sumbitches wink


"I have sworn upon the altar of God, eternal hostility against every form of tyranny over the mind of man."
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Originally Posted by denton
After reading some of the discussion following the recent ObamaCare ruling, I'm feeling a little less depressed.

As written, ObamaCare made you a criminal if you did not have insurance. That is no longer the case. Not having insurance is not a crime.

Further, the amount the government can tax you for not having health care insurance is limited. It can't be enough to be coercive. Where that line is, nobody knows. But they can't tax you $10,000 per day for failing to do something they want you to do.

So it's something far short of a full Obama victory, and the restrictions put in place for the Interstate Commerce and Necessary and Proper clauses are a great victory for us.


I wish I could feel the way you do.

Barack Hussein Obama really succeeded in screwing up something fundamental. I am afraid this country will never be the same after him.


Is it too ambitious or too naive to look for an honest politician? Or simply a useful one?
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Originally Posted by deersmeller

I wish I could feel the way you do.

Barack Hussein Obama really succeeded in screwing up something fundamental. I am afraid this country will never be the same after him.
You're probably right. It was a major milestone in our destruction.

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Quote
does anyone know the states and party affiliations of the Senators standing for re-election this year?


About 33 Senators are up for re-election. 2/3 of them are Democrats. If we hold what we've got, and win a few others, we'll have a Senate majority. That seems fairly likely.



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It's not the Supreme Courts fault we Americans chose poorly. We chose total losers to represent us in congress. Vote wisely and this crap will never land on their desk. kwg


For liberals and anarchists, power and control is opium, selling envy is the fastest and easiest way to get it. TRR. American conservative. Never trust a white liberal. Malcom X Current NRA member.
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Thanks for that count - and let's get it done. Then, with some sense and some balls, at leasr part of our mess can be corrected.


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We have to rid ourselves of this idiot or we are doomed! mad


JOC was right. The 270 Winchester on a Model 70 is a great combination as is the 30/06 and 375 H&H

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