HomeLatest ThreadsGreatest ThreadsForums & GroupsMy SubscriptionsMy Posts
DU Home » Latest Threads » Forums & Groups » Main » General Discussion (Forum) » Did Justice Scalia get it...
Introducing Discussionist: A new forum by the creators of DU

Wed Jun 26, 2013, 11:23 PM

Did Justice Scalia get it right? [View all]

This passage from our bigoted Justice Antonin Scalia in his angry dissent is deliberately singled out by me for purpose of discussion. Let me preface this by clarifying that I celebrate marriage equality today and that I am hard pressed to think of a single area of agreement between myself and Justice Scalia.

Here is the passage from Justice Scalia's dissent:
"That is jaw-dropping. It is an assertion of judicial supremacy over the people's Representatives in Congress and the Executive. It envisions a Supreme Court standing (or rather enthroned) at the apex of government, empowered to decide all constitutional questions, always and everywhere 'primary' in its role."

Did Justice Scalia unintentionally reveal a very real severe problem currently plaguing our very democracy?

Keeping things simple for those of us who are not Constitutional scholars. I learned in high school civics long ago that we had three 'coequal' branches of government. (Executive, Legislative and Judicial). No branch was more powerful than the other.

I further learned that our government was set up that way by our founding fathers deliberately to provide checks and balances on itself and that through the vote of the citizenry we become the final arbiter.

Justice Scalia asserts that the Supreme Court is more powerful than either the Executive or the Legislative branches. Thom Hartmann has been argueing the very same thing for years now.

So big DU, can one branch and only one branch of our government overrule the will of the other two? Can that branch of our government tell We The People how we can or can not act? Did Justice Antonin Scalia unintentionally reveal something about our government that he already knows to be true?




21 replies, 1525 views

Reply to this thread

Back to top Alert abuse

Always highlight: 10 newest replies | Replies posted after I mark a forum
Replies to this discussion thread
Arrow 21 replies Author Time Post
Reply Did Justice Scalia get it right? [View all]
chknltl Jun 2013 OP
William769 Jun 2013 #1
chknltl Jun 2013 #3
William769 Jun 2013 #6
Volaris Jun 2013 #2
chknltl Jun 2013 #9
Ms. Toad Jun 2013 #18
suston96 Jun 2013 #4
chknltl Jun 2013 #12
suston96 Jun 2013 #15
chknltl Jun 2013 #17
samsingh Jun 2013 #5
chknltl Jun 2013 #14
petronius Jun 2013 #7
Katashi_itto Jun 2013 #8
Ms. Toad Jun 2013 #20
chknltl Jun 2013 #16
Revanchist Jun 2013 #10
Douglas Carpenter Jun 2013 #11
pnwmom Jun 2013 #13
liberal_at_heart Jun 2013 #19
Iggo Jun 2013 #21