The Budget - is it unconstitutional?

[draggar]

What do you mean?

The law not only gives the Legislative branch over the Judicial branch but it also limits the power that the Judicial branch has.

This will open up the door for politicians also to just write laws that counter act judgement not in their favor.

[Panacea]

What do you mean?

The law not only gives the Legislative branch over the Judicial branch but it also limits the power that the Judicial branch has.

This will open up the door for politicians also to just write laws that counter act judgement not in their favor.

I mean that rider is unconstitutional. The Legislature cannot take away the purview of the Judiciary by fiat. I'm not sure this rider would survive a Constitutional challenge. However, it is buried so deeply in the legislation they were probably hoping it would be implemented and become precedent before anyone got around to objecting to it.

[draggar]

I'm objecting. What next, a member of congress has a court case against them, they lose, so they do the same with that court case and make the ruling in their favor by law? This can have serious consequences.

I'm wondering how to actually get it challenged?

[Panacea]

I'm objecting. What next, a member of congress has a court case against them, they lose, so they do the same with that court case and make the ruling in their favor by law? This can have serious consequences.

I'm wondering how to actually get it challenged?

I couldn't find a reference to the actual case, but I'm sure it has to do with a corporation who wants to avoid a regulatory smackdown.

To bring a challenge to a law you have to have standing to come before the court. As an individual, you probably don't, especially if you don't live in the affected state. The wolf organization might though. Sometimes its hard to get the courts involved if there hasn't been an actual harm . . . then again health care reform is working its way through the courts and that law isn't even fully implemented yet.

IANAL so I don't know exactly where you'd go from here.

[draggar]

TY - I'm sure one of the more attention whore like organizations would love to pick it up.

[Hyena Dandy]

health care reform is working its way through the courts and that law isn't even fully implemented yet.

From what I understand, its being challenged by states. It hasn't fully taken effect for people, but the states are tasked with helping create infrastructure. They have standing, because as soon as it passed, it affected them.

[Panacea]

From what I understand, its being challenged by states. It hasn't fully taken effect for people, but the states are tasked with helping create infrastructure. They have standing, because as soon as it passed, it affected them.

Some aspects of the law are in effect. Some states are challenging it, some are not. The issue will be before the Supreme Court before long.

I didn't mean to imply states dont' have standing to challenge legislation that affects them; they do. My comment re standing had more to do with the other issues and corporate interests or private interests.

[draggar]

I mean that rider is unconstitutional. The Legislature cannot take away the purview of the Judiciary by fiat. I'm not sure this rider would survive a Constitutional challenge. However, it is buried so deeply in the legislation they were probably hoping it would be implemented and become precedent before anyone got around to objecting to it.

We are making progress...

http://myemail.constantcontact.com/J...id=c3HX3moky8U

[draggar]

Just an update - the courts ruled that the rider is legal. No official word from them but it is being reported in a few outlets.

So, in other words, if a lawmaker does not like a court ruling they can just write a law overturning it and then make the law immune to the courts (which is what they did and there has already been other attempts at laws like this).

So, the judicial system in the USA is now officially obsolete and we have a two branch system of government, which the legislative branch can easily override a veto done by the executive branch which means the legislative branch is the only branch that has any power now.

[bara]

So, the judicial system in the USA is now officially obsolete and we have a two branch system of government, which the legislative branch can easily override a veto done by the executive branch which means the legislative branch is the only branch that has any power now.

This has been pretty much the case for a long while now. Guess they are now just making it legal.