Ok, then here is the math 6.7/10000 = 6/100ths of a percent. They uphold or reject 99.94% of petitions. I knew what the numbers were before I made my statement and I will stick with the statement you quoted. It is rare for them to overturn congress or to even hear what is considered settle by past precedent. Those aren't my opinions, they are facts established by the record.

I never said it was unprecented. I said it is rare. Trying to side with Obama? No, analyzing it as a legal question. Grouchy today, aren't you? :jump1:

by the way, acts of congress overturned since 1802 is about 160-170.

thats the equivalent of saying its rare for police officers to make arrests. They may respond to 25,000 calls but only arrest 10 people.
Thats not rare, its part of the process to prioritize.
It is commonplace that the supreme court hears cases on established law and will overturn them if deemed unconstutional. Its not rare at all. I will refer you to DadFs posting once again since its tough for you to grasp -

Role of the Supreme Court | Scholastic.com

"It can tell a President that his actions are not allowed by the Constitution. It can tell Congress that a law it passed violated the U.S. Constitution and is, therefore, no longer a law. It can also tell the government of a state that one of its laws breaks a rule in the Constitution

"Obama's statement was in response to a question, not a prepared remark."

Oh, I see. So even you, his biggest fan, expect idiotic, demonstrably false jibberish to come out of his mouth when he's not reading a rehearsed speech? I keep hearing how refreshing it is to have an intellectual in the Oval Office. You can't have it both ways, Spence.

You're saying that we should all expect him to say idiotic things when he's not reading a prepared speech, and we should therefore forgive him. That's not what Obama fans did to Palin when she said atupid things.

"That he left out some context "

Spence, he said it would be "unprecedented" if the Court deemed his healthcare law illegal. PLEASE PUT THAT IN ANY CONTEXT YOU WANT. That answer would get a rishly deserved "F" in any 7th grade civics class. This is what Harvard Law School produces? He's completely, 100% ignorant about the core function of one-third of our federal government?

"This blabbering on that Obama doesn't know what the Supreme Court does is pretty absurd"

No. What's absurd is that he doesn't know what the Suprene Court does. Spence, the word "unprecedented" is not ambiguous, it's not open for interpretation. I'm not spinning anything, I'm not putting words in his mouth, I'm not taking anything out of context. He used the word "unprecedented". I'm sorry your hero put his foot in his mouth on a big stage. Don't take your frustration out on me, it's not my fault that this emperor has no clothes.

"his comment that the SCOTUS hasn't mucked with economic policy in the modern era does appear to be accurate from what I've read."

But that's not what he said. Read the quote, The word "economics" appears nowhere. You are now making things up to make him look less idiotic.

""I'm confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress,"

Where is Obama saying that what he's talking about is economic policy? Where, exactly? Spence, point that out for me please?

Forget about what you think he meant. Look at what he said. Liberals had no problem holding Palin accountable for what she said, so let's hold Obama to the same standard, unless that's unfair for some reason?

Not a good day for you Spence, not a good day. Just once, you could have said "jeez, i can't imagine what he was thinking when he said that, that's a stupid thing to say".

Zimmy, if Obama said it's "rare" to overturn a law, then your figures would have some valid place here. He didn't, so they don't. If something has been done more than 1,000 times, it's not "unprecedented". There's lots of "precedent".

That comment, coming from a professor of constitutional law, is as shockingly ignorant as anything Palin ever said.

How completely brainwashed are you and Spence anyway? Do you hear yourselves? Do you really, genuinely believe what you're saying? Would your heads explode if you said "the guy's brilliant, but boy that was a dumb thing to say".

May I suggest everybody take a deep breath and relax....

I'm pretty sure Bossman wants everybody to play nice in the Sandbox :hihi:

That's OK, Joe Biden stated Obama's call on Bin Laden was the most audacious thing in 500 years of history :rotf2:

(and it was Audacious, just not in the top 500 of the last 500)

And, yes, he does.

:rotf2::rotf2: What I said is most of the time, they won't even hear the cases that have precedent in the law. 99.64 % of the time is most of the time. 10/25000 would be that they rarely arrest people relative to the calls. Simple math. Classy responses today Jimmy.

What Obama should have said:
"I wish you'd have given me this written question ahead of time so I could plan for it...I'm sure something will pop into my head here in the midst of this press conference, with all the pressure of trying to come up with answer, but it hadn't yet...I don't want to sound like I have made no mistakes. I'm confident I have. I just haven't -- you just put me under the spot here, and maybe I'm not as quick on my feet as I should be in coming up with one."

Good we can agree that Palin has said some shockingly ignorant things...but I don't see Obama's remark on the "I can see Russia from my house" level or what ever she said.

The reality is that his remark was incomplete. It was not a policy position, it was a response to a question. To place it in a box is a deconstructive response not intended to further the debate.

The constructive action would be to ask what he really meant, which another reporter did and what I've posted above as Obama's response.

That's what you should be reacting to no?

-spence (super cool non-inflammatory poster here)

I have been thinking about how it can be that you can be arguing so strongly against my statements about settled law. Now I see the problem. Settled law specifically is covered by Stare decisis. You didn't know what settled law means in legal terms. "Established law" is not what I am talking about. Of course the supreme court rules on rules that are established. What they do not typically due is rule on settled law. That is a basic rule of the supreme court. You're calling me clueless really was baffling, but in the context that you didn't know what I was talking about, ironically, it makes sense. Whether it is settled law is debatable point. Whether the supreme court is resistant to even hearing cases related to settled law is not.

"The reality is that his remark was incomplete"

OK, so was Palin's comment about seeing Russia...she should have ended her comment with "if I'm looking thriough the Hubble telescope". Therefore, since it wasn't stupid but incomplete, you cannot use it against her. Sound reasonable?

His remark was not imcomplete. It was demonstrably false, it was erroneous, not incomplete.

"it was a response to a question"

So what? So was Dan Quayle when he mis-spelled potato or whatever mistake he made, and people held that against him. Spence, where is it written that you caan only judge Obama's intelligence by his ability to read things off his teleprompter, things that others wrote for him? Was Palin's comment about seeing Russia a response to a question? If so, you're saying that you won't use it against her?

If anything, his unscripted responses are much more revealing than his regurgitation of someone else's words, right?

"The constructive action would be to ask what he really meant" Hold on. You didn't ask Palin what she meant, you called her stupid for saying a stupid thing. Why can't you hold Obama to the same standard as Palin? Why can't Obama handle the same scrutiny? Why must we give Obama time to re-group, and then come back and tell us what he "meant to say"?

You're being very selective here, Spence. When Palin says something stupid, you take it to mean she's stupid. Fair enough. But when Obama says something equally stupid, you dismiss it, and instead give him a pass, because you'rs sure he really meant to say something eloquent and brilliant.

Do I have that right? IS that about right? You see nothing unfair in your system?

snopes.com: I Can See Alaska from My House

The basis for the line was Governor Palin's 11 September 2008 appearance on ABC News, her first major interview after being tapped as the vice-presidential nominee. During that appearance, interviewer Charles Gibson asked her what insight she had gained from living so close to Russia, and she responded: "They're our next-door neighbors, and you can actually see Russia from land here in Alaska, from an island in Alaska"I think this is geographically accurate


Two days later, on the 2008 season premiere of Saturday Night Live, Tina Fey and Amy Poehler appeared in a sketch portraying Sarah Palin and Hillary Clinton, during which Fey spoofed Governor Palin's remark of a few days earlier with the following exchange:

FEY AS PALIN: "You know, Hillary and I don't agree on everything . . ."

POEHLER AS CLINTON: (OVERLAPPING) "Anything. I believe that diplomacy should be the cornerstone of any foreign policy."

FEY AS PALIN: "And I can see Russia from my house."
...........................

From the Thursday, September 11, 2008, World News:

CHARLES GIBSON: Let me ask you about specific national security situations. Let's start, because we are near Russia. Let's start with Russia and Georgia. The administration has said, we've got to maintain the territorial integrity of Georgia. Do you believe the United States should try to restore Georgian sovereignty over South Ossetia and Abkhazia?

SARAH PALIN: First off, we're going to continue good relations with Saakashvili there. I was able to speak with him the other day and giving him my commitment, as John McCain's running mate, that we will be committed to Georgia. And we've got to keep an eye on Russia. For Russia to have exerted such pressure in terms of invading a smaller democratic country, unprovoked, is unacceptable. And we have to keep...

GIBSON: You believe unprovoked?

PALIN: I do believe unprovoked. And we have got to keep our eyes on Russia. Under the leadership there.

GIBSON: What insight into Russian actions particularly in the last couple of weeks, does the proximity of this state give you?

PALIN: They're our next door neighbors. And you can actually see Russia from land here in Alaska, from an island in Alaska

GIBSON: You in favor of putting Georgia and Ukraine into NATO?

PALIN: Ukraine, definitely, yes. Yes, and Georgia. Putin thinks otherwise. Obviously he thinks otherwise.

GIBSON: And under the NATO treaty, wouldn't we then have to go to war if Russia went into Georgia?

PALIN: Perhaps so. I mean that is the agreement. When you are a NATO ally, is, if another country is attacked, you are going to be expected to be called upon and help.




what the President did the other day, he has done routinely during his tenure and as usual his supporters struggle to make excuses for his arrogance, ignorance and infantile behaviour

Spence, you know that Saturday Night Live isn't "real life" just because it says "live"...right?

can we cross this off her list of "shockingly ignorant things" said?

Completely missing the point...again.
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even the Obama friendlies were shocked:uhuh:

By Editorial Board
Published: April 3
The Washington Post

PRESIDENT OBAMA’S comments Monday about the Supreme Court were jarring.

As we said last week, after the oral arguments had concluded, it is troubling that some liberal supporters of the law are preemptively trying to delegitimize a potential defeat, as if no honest justice could possibly disagree with the mandate’s constitutionality. The president’s initial remarks added unnecessary fuel to this contention. Given the power of the bully pulpit, presidents are wise to be, well, more judicious in commenting about the high court.



Mr. Obama tones down his Supreme Court rhetoric - The Washington Post

that's "Spence" for, I've been outed with completely wrong misinformation and don't know what to say:)...again

Let's deal directly with you "point". Your "point" was that since Obama's idiotic statement was an answer to a question (instead of a prepared remark), that we can't hold Obama accountable for what he says (you must really hold him in low regard if you feel that way, BTW). Yet when Palin gives an idiotic answer to a question, you label her an idiot.

Why the double-standard Spence? How come Obama's answers to a question don't say anything about his intelligence, but Palin's answers to questions do say something about her intelligence?

I'm really curious what you come up with for an answer...

Quote:
Originally Posted by Jim in CT
That comment, coming from a professor of constitutional law the facts as to his status as having been a "professor of constitutional law " are debatable..

Sen. Obama, who has taught courses in "undermining?" constitutional law at the University of Chicago, has regularly referred to himself as "a constitutional law professor," most famously at a March 30, 2007, fundraiser when he said, [COLOR="Blue"]"I was a constitutional law professor, which means unlike the current president I actually respect the Constitution." A spokesman for the Republican National Committee immediately took exception to Obama’s remarks, pointing out that Obama’s title at the University of Chicago was "senior lecturer" and not "professor."

Recently, Hillary Clinton’s campaign has picked up on this charge. In a March 27 conference call with reporters, Clinton spokesman Phil Singer claimed:

Singer (March 27): Sen. Obama has often referred to himself as “a constitutional law professor” out on the campaign trail. He never held any such title. And I think anyone, if you ask anyone in academia the distinction between a professor who has tenure and an instructor that does not, you’ll find that there is … you’ll get quite an emotional response.

[/COLOR]

Originally Posted by spence

Good we can agree that Palin has said some shockingly ignorant things...but I don't see Obama's remark on the "I can see Russia from my house" level or what ever she said. yes, "whatever", or whatever you think she said which was actually said by a comedian portraying her in a skit

The reality is that his remark was incomplete. it was only "incomplete" when his team realized/reacted to the fact that he'd shown his true colors while off-teleprompter either intentionally or unintentionally and either scrambled or had prepared "damage control" to guide the intentional/unintentional damage done into damage that will benefit them politically down the road by trying to drive a wedge between a portion of the American public and their judicial system It was not a policy position, it was a response to a question. it revealed quite a bit :uhuh: To place it in a box is a deconstructive response not intended to further the debate. there's really not much debate as to how far out of line the President's comments were....there are a small cadre of loyalists that will shamelessly tow the line for the administation but that's about it on this one:)

The constructive action would be to ask what he really meant, you should apply this :uhuh: comments which another reporter did and what I've posted above as Obama's response.

That's what you should be reacting to no? the reaction is to very clear pattern by this President, in this case he caused the jaws of many on his own side to hit the floor
-spence (super cool non-inflammatory poster here)

I'm sure the President fancies himself "super cool and non-inflammatory"...but nothing could be further from the truth....

OBAMA- "I was a constitutional law professor, which means unlike the current president I actually respect the Constitution."

I'd forgotten about this one...this was a good one:uhuh:

No, deciding matters of policy, if that means legislating, is exactly what SCOTUS should not do. What SCOTUS should do is determine if policy is constitutional. That is the very essence of the original checks and balances. When the Court abandons its function and duty and merely steps aside to allow Congress unlimited, unconstitutional power, what, exactly is the check and balance there?

the seed that Obama planted in his statements was to attempt to redefine "judicial activism" as SCOTUS acting within it's authority to strike down a law(that he happens to desire) that it finds Unconstitutional....as usual..turning logic on it's head

Black's Law Dictionary defines judicial activism as a "philosophy of judicial decision-making whereby judges allow their personal views about public policy, among other factors, to guide their decisions."

the activist judges that the right have railed about for years are judges that legislate from the bench and attempt to create public policy and even law, often with the approval of law makers and these have tended to be liberal minded judges who do not feel constrained by the Constitution or any limits placed on their office. There are countless examples.....

the ultimate decision will be that of some number of judges ruling based on the Constitutionality of the law and it's mandates which is prefectly within their purview and the other number of judges "will allow their personal views about public policy, among other factors, to guide their decisions" disreguarding any obvious conflicts with the Constitutional boundaries placed on the Federal Government and preferring to assist in creating public policy and law clearly outside of those boundaries....there is little argument that the 4 liberal minded "activists" on the court will vote in lock step because they either do not feel constrained by the Constitution or they will "find" something in the Constitution or point to precedent that will support their public policy beliefs....(perhaps, in the case of Justice Breyer, he will point to some precedent in "foreign law" or among the "positive liberties":uhuh: not yet defined in the Constitution..there it is again....to support his notion)

The second Berlinian concept – to Berlin*, "positive liberty" – is the "freedom to participate in the government;" In Breyer's terminology, this is the "active liberty," which the judge should champion. Having established this premise of what liberty is, and having posited the primary importance of this concept over the competing idea of "Negative Liberty" to the Framers, Breyer argues a predominantly utilitarian case for judges making rulings that give effect to the democratic intentions of the Constitution.


*Isaiah Berlin (Latvia/United Kingdom, 1909–1997) is most famous for his attempt to distinguish 'two conceptions of liberty'. Berlin argued that what he called 'positive' and 'negative' liberty were mutually opposing concepts. Positive conceptions assumed that liberty could only be achieved when collective power (in the form of church or state) acted to 'liberate' mankind from its worst aspects.** These, Berlin felt, tended towards totalitarianism. Negative conceptions, by contrast, argued that liberty was achieved when individuals were given maximal freedom from external constraints (so long as these did not impinge on the freedom of others to achieve the same condition).

** you should also investigate how this relates to Liberation Theology and "Collective Salvation"... with regard to this President :uhuh:

Spence, I'm still waiting...you said that we can't hold Obama accountable for spontaneous answers to questions asked, but yet you did just that with Palin. Why the double-standard?

I'm all ears...

Spence? Anything?

Cut him some slack(s)

TJ Maxx and Marshalls are both having sales today

OK, I'm saving that for next year when JohnR asks for funny stuff from the past year because that's hilarious :rotf2::kewl:

Palin was defending her foreign policy experience by saying that you could se Russia from Alaska. Not that she's even ever seen it, but if you take a boat into the middle of the straight there's a little island where you can see another little island in russia.

No amount of context is going to remedy that statement.
Posted from my iPhone/Mobile device

[QUOTE=scottw;931458]Quote:
Originally Posted by Jim in CT


A spokesman for the Republican National Committee immediately took exception to Obama’s remarks, pointing out that Obama’s title at the University of Chicago was "senior lecturer" and not "professor."

I'm sure the President fancies himself "super cool and non-inflammatory"...but nothing could be further from the truth....

OBAMA- "I was a constitutional law professor, which means unlike the current president I actually respect the Constitution.I'd forgotten about this one...this was a good one:uhuh

[QUOTE]

Acording to Jodi Kantor, NYT, " While most colleagues published by the pound,
he never completed a single work of legal scholarship."
"At a formal institute Barak Obama was a loose presence, joking with students
about their romantic prospects, using first names, referring to case law one moment, and the Godfather the next. He was also an engimatic one, often leaving other faculty members guessing about his precise views."

Somethings haven't changed, may think he's Super cool for sure, a regular "Welcome back Kotter", just what we need in a Commander in Chief.

No, sir, that dog ain't gonna hunt.

You said Obama is not to be judged for unrehearsed answers to questions. You pointed out that his idiotic comment was not a prepared remark. Palin's comment about Russia was also not a prepared remark.

Spence, if it's good for the goose...

Spence, if it makes it easier for you...every single person here knows why you have such a glaringly obvious double-standard. So it's OK if you admit it...

Whenever Obama says something stupid, his worshippers, like you, try to deflect attention from what he said, and tell us to focus on what he "meant". Like any cult leader, you will never admit he's wrong, even though this mistake is provable with any 8th grade civics text. His error would be depressing enough from a high school senior. That it came from the mouth of a Harvard Law grad who taught constitutional law is breathtaking, and it shows just how vulnerable the megalomaniac-in-chief is without hs precious teleprompter.

"stupid"...only in the context that his comments are completely offensive to anyone who really understands what he presumes to be speaking about and is not a radical leftist..."brilliant" if you are a Spence type because they are indeed calculated and intended to denigrate the institution and it's power relative to his own, intended to drive a wedge between the American people and the institution should the decision not go his way and begin to imply that Americans ought lose faith in that institution and place more faith in him...his "followers" running around telling us what he meant is simply the follow up on a calculated attack, they are organized, they all say exactly the same thing whether it makes any sense or not because they understand propaganda...

He did nothing of the sort, it was simply a challenge to not let politics into the judicial process. The fact that three conservative judges as Jeffrey Toobin noted was a hissy fit took the bait so easily proved Obama's point.

-spence

Hissy fit.....toobin

Really Spence....obama is/was trying to steer the supreme court to vote for it regardless of being constitutional or not. He is as guilty of that as was jennefer on Idol trying to steer voters to vote for the long hair kid that got booted last night.

And toobin of all people....I would have believed more if U said pelosi

The funny thing, I believe the Court had already voted on it before Obama opened his mouth (they voted Monday, we won't know the results until June). My guess, and it's a damned good guess if I do say so myself, is that Obama is expecting it to get overturned, and he's trying to paint the Court as a bunch of Republican activists who should not be trusted. Of course, Obama is also asking this same court to overturn the Dfense Of Marriage laws, so it's OK when they overturn laws, as long as he requests it.

So, when the court overturns laws that Obama does not like, the justices are being responsible jurists. When they overturn laws that Obama likes, they are a bunch of out-of-control tea baggers.

The timing will be awful for Obama. The decision will be announced in June. Meaning, right about the time people notice that gas is $5 a gallon, they will also see that Obama's one significant legislative achievement will be deemed illegal. All happening this summer, right when people are starting to think about the November election.

I think Obama will win re-election, but he's very, very vulnerable. It all comes down to how he does with independents in 5 or 6 states. I suspect those independents are not going to like paying $5 a gallon for gas. I'm not blaming Obama for that, but I suspect they will.

I don't think Obama was trying to steer the court, he knows that's not going to happen.

This was a message for the base as I said before.

-spence

really?

Obama setting up Supreme Court as a campaign issue

"We haven't seen the end of this," said longtime Supreme Court practitioner Tom Goldstein, who teaches at Stanford and Harvard universities. "The administration seems to be positioning itself to be able to run against the Supreme Court if it needs to or wants to."..........

"The constitutional issue aside, Obama made it clear that the thrust of his argument is political. He ticked off popular elements of the law that are already in force, and said the consequences of losing those protections would be grave for young people and the elderly, in particular."



News from The Associated Press

................................

It appears to be unprecedented, however, for a U.S. president to have attacked the Supreme Court before it handed down its decision. Some think Mr. Obama and his progressive infantry are trying to intimidate the Justices, specifically Justice Anthony Kennedy. But most legal commentary has said the president's attack is likely to anger the justices, perhaps including some of the court's liberals. Mr. Obama's notion of judicial review diminishes all the members of any court, not just its conservatives. It doesn't help the always difficult struggle for an independent judiciary in other countries if an American president is issuing Venezuela-like statements on U.S. courts.

Henninger The Wall Street Journal: The Supreme Court Lands in Oz - WSJ.com


for many of the Justices this is entirely "judicial process" and a question of Constitutionality...for a few this is a political process and "public policy decision" that will be rendered with little regard to Constitutionality by "activists"...maybe that's who he was "reminding/challenging"...particlarly now that the Constitutionality is so dubious as shown by the arguments before SCOTUS..

we are now reduced to "baiting" members of the judiciary to make points and score points with the base?????

is this "Presidential" ????

no, not trying to "steer" the court(or one particular swing Justice) with public and political pressure regarding his signature accomplishment wrapped in some of the most outrageous and demonstrably wrong comments by any American President...but rather, comments however troubling, that were actually intended as a "message" to his base because he realizes that his signature accomplishment is Unconstitutional no matter how much he wishes it weren't and so he will fire up the base by laying the groundwork for an assualt on the institution and it's Conservative members just as he will run against Congress.. and claim that SCOTUS has taken away his base's Lollipop's and Congress will take away their Twizzlers and Romney will take away their access to healthy food, clean air and water and a host of freebies that he will happily provide if they will just reelect him....great timing:uhuh:

http://washingtonexaminer.com/politi...-revolt/453666

“we were all inspired by the protesters of the Arab Spring who stood up to totalitarian governments, and inspired the Occupy movement here in America.”

The plan for now is to hold protest training sessions around the nation next week. Over 900 are scheduled so far.

Once ready, the group and dozens of others, notably MoveOn.org and labor unions, will launch the “99 Percent Spring” offensive against government and financial centers.

WIKI-Toobin

Toobin is a longtime friend of Supreme Court justice Elena Kagan, having met her while the two were students at Harvard Law School. He has described Chief Justice John Roberts as "very, very conservative." Regarding Justice Clarence Thomas, Toobin has said that Thomas' legal views were "highly unusual and extreme", called him "a nut," and said that he was "furious all the time."

It's not the first time he has shown utter disrespect for the Supreme Court. That is what is unprecedented for a POTUS!!

He is a punk.

If Bush said the same thing you'd give him props for being a tough guy.

-spence

Most president's showed similar disdain, it's not an unusual event

He would never have!!!

Nonsense. Bush had no problem attacking judges striking down bans on gay marriage.

The funny thing about judicial activism is that it flips 180 degrees pretty quickly.

-spence

More classlessness out of the conservatives.