[ - ] FreeinTX 1 point 1 monthMar 18, 2025 14:24:36 ago (+1/-0)
If the President ordered an American citizen to be tortured in clear violation of the 8th Amendment, explain to me how you think that would be prevented, or do you think the President could do that if he wanted and no one could legally stop him.
Let me bring up a good argument then: all three branches of government theorically (keyword here) are made to work for the good of a nation. There are three branches. One branch can simply ignore the other if it is interpreted as a violation of their duty, and as such, the third branch is invoked to settle.
If the President was going to do something obviously illegal, like order the torture of a US citizen in a blatant and clear violation of the 8th Amendment, the attorney of the person to be tortured would file for an emergency injunction and file a lawsuit against the President. A district Court judge would order, through the injunction, that the torture be stopped pending the outcome of the lawsuit. That lawsuit, since it involves the President would have jurisdiction at the Supreme Court. Once the court ruled the it was a clear violation of the 8th Amendment, that presidential order would become null and void.
Congress could then use this ruling as a basis for impeachment and try to have the President removed from office, which would happen if there were enough votes in the House to impeach the President and enough votes in the Senate to find the president guilty.
The Courts do nothing other than hear disputes between two parties and rule based on the Constitution and the law. Congress has no jurisdiction to determine law. They can't settle anything. The make the laws. Nothing more. The executive carries out the laws made by Congress. Nothing more. Both have discretion within their authorities, but neither are arbiters of law or justice.
No. The Supreme Court is the highest Court of the land and interprets the Constitution and the laws passed by Congress. They hear cases and make decisions on whose right.
The Constitution is the highest law of the land, and that includes the 5th amendment and the right to due process.
Yeah, I agree. "Stari Decisis" means the Court can make it up as they go along, as long as they can articulate their twisted and tortured logic. But the more they deviate, the more accelerationism kicks in.
Truth is the founders didn’t make a perfect system. Ie who puts the fucking rules of the election in the hands of the elected?
And other things that legit did squander shit loads of their power, ie the gold and silver standard, were just fucking thrown away with literally no explanation or law allowing doing so.
When you've already sold your rights to that rainwater. You can't mine or drill for oil when you've sold the mineral rights to those resources. If you want to collect rainwater, buy a property with the water rights still attached.
There are various allocation schemes for water, often based on first come first serve. I believe there are entire states (?) or at least jurisdictions where land for sale has no water rights, due to those rights being retained by the original owner. If you want to collect rainwater, don't buy property with no water rights attached.
If your water rights are stolen after the fact, then beheading should proceed. Anyway, it's a whole convoluted mess due to people wanting to live where rainfall is insufficient.
[ + ] CoronaHoax
[ - ] CoronaHoax 5 points 1 monthMar 18, 2025 07:35:23 ago (+5/-0)
[ + ] IdentifyShills
[ - ] IdentifyShills 4 points 1 monthMar 18, 2025 07:59:38 ago (+4/-0)
Wait until next time to vote harder.
[ + ] FreeinTX
[ - ] FreeinTX 1 point 1 monthMar 18, 2025 14:24:36 ago (+1/-0)
[ + ] FreeinTX
[ - ] FreeinTX 1 point 1 monthMar 18, 2025 13:54:01 ago (+1/-0)
And, it's called "checks and balances" and is a fundamental part of the American form of government.
The judicial branch hears cases and makes decisions on those cases.
[ + ] Razzoriel
[ - ] Razzoriel 0 points 1 monthMar 18, 2025 16:17:20 ago (+0/-0)
[ + ] FreeinTX
[ - ] FreeinTX 0 points 1 monthMar 18, 2025 16:43:19 ago (+0/-0)
If the President was going to do something obviously illegal, like order the torture of a US citizen in a blatant and clear violation of the 8th Amendment, the attorney of the person to be tortured would file for an emergency injunction and file a lawsuit against the President. A district Court judge would order, through the injunction, that the torture be stopped pending the outcome of the lawsuit. That lawsuit, since it involves the President would have jurisdiction at the Supreme Court. Once the court ruled the it was a clear violation of the 8th Amendment, that presidential order would become null and void.
Congress could then use this ruling as a basis for impeachment and try to have the President removed from office, which would happen if there were enough votes in the House to impeach the President and enough votes in the Senate to find the president guilty.
The Courts do nothing other than hear disputes between two parties and rule based on the Constitution and the law. Congress has no jurisdiction to determine law. They can't settle anything. The make the laws. Nothing more. The executive carries out the laws made by Congress. Nothing more. Both have discretion within their authorities, but neither are arbiters of law or justice.
[ + ] PostWallHelena
[ - ] PostWallHelena 1 point 1 monthMar 18, 2025 10:28:05 ago (+1/-0)
[ + ] FreeinTX
[ - ] FreeinTX 0 points 1 monthMar 18, 2025 13:55:12 ago (+1/-1)*
The Constitution is the highest law of the land, and that includes the 5th amendment and the right to due process.
[ + ] Deleted
[ - ] deleted 0 points 1 monthMar 18, 2025 15:11:04 ago (+0/-0)
[ + ] FreeinTX
[ - ] FreeinTX 0 points 1 monthMar 18, 2025 15:53:45 ago (+0/-0)
[ + ] Anus_Expander
[ - ] Anus_Expander 1 point 1 monthMar 18, 2025 07:17:03 ago (+1/-0)
[ + ] SilentByAssociation
[ - ] SilentByAssociation 6 points 1 monthMar 18, 2025 07:21:12 ago (+6/-0)
[ + ] FreeinTX
[ - ] FreeinTX 0 points 1 monthMar 18, 2025 17:22:45 ago (+0/-0)
[ + ] Joe_McCarthy
[ - ] Joe_McCarthy 0 points 1 monthMar 18, 2025 13:58:41 ago (+0/-0)
https://en.wikipedia.org/wiki/Kritarchy
[ + ] QuestionEverything
[ - ] QuestionEverything 0 points 1 monthMar 18, 2025 07:58:24 ago (+0/-0)
[ + ] MasklessTheGreat
[ - ] MasklessTheGreat 6 points 1 monthMar 18, 2025 08:51:21 ago (+6/-0)
[ + ] PostWallHelena
[ - ] PostWallHelena 0 points 1 monthMar 18, 2025 10:30:29 ago (+0/-0)
Of course the system may not be what it claims to be. Thats another issue.
[ + ] Hobama
[ - ] Hobama 1 point 1 monthMar 18, 2025 10:31:56 ago (+1/-0)
[ + ] PostWallHelena
[ - ] PostWallHelena 0 points 1 monthMar 18, 2025 10:43:05 ago (+0/-0)
[ + ] CoronaHoax
[ - ] CoronaHoax 1 point 1 monthMar 18, 2025 13:58:38 ago (+1/-0)
And other things that legit did squander shit loads of their power, ie the gold and silver standard, were just fucking thrown away with literally no explanation or law allowing doing so.
[ + ] Deleted
[ - ] deleted 1 point 1 monthMar 18, 2025 11:12:49 ago (+1/-0)
[ + ] PostWallHelena
[ - ] PostWallHelena 0 points 1 monthMar 18, 2025 11:18:10 ago (+0/-0)
[ + ] Deleted
[ - ] deleted 1 point 1 monthMar 18, 2025 13:24:38 ago (+1/-0)*
[ + ] Sector2
[ - ] Sector2 0 points 1 monthMar 18, 2025 15:06:36 ago (+0/-0)
When you've already sold your rights to that rainwater. You can't mine or drill for oil when you've sold the mineral rights to those resources. If you want to collect rainwater, buy a property with the water rights still attached.
Otherwise mostly agree.
[ + ] Deleted
[ - ] deleted 1 point 1 monthMar 18, 2025 15:17:55 ago (+1/-0)
[ + ] Sector2
[ - ] Sector2 0 points 1 monthMar 18, 2025 15:26:28 ago (+0/-0)
If your water rights are stolen after the fact, then beheading should proceed. Anyway, it's a whole convoluted mess due to people wanting to live where rainfall is insufficient.