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Gingrich- the Courts

Gingrich- the Courts. True Balance? Permanent Constitutional Convention Power grab of 5. The Courts. 9 th Circuit- out of step Pledge 2 nd Amendment 3 strikes law Death penalty Drug laws English as official language. The Courts. “Good Behavior” 9 th “radical”. The Courts.

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Gingrich- the Courts

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  1. Gingrich- the Courts • True Balance? • Permanent Constitutional Convention • Power grab of 5

  2. The Courts • 9th Circuit- out of step • Pledge • 2nd Amendment • 3 strikes law • Death penalty • Drug laws • English as official language

  3. The Courts • “Good Behavior” • 9th “radical”

  4. The Courts • Using the Courts to avoid legislation • Change law through lawsuits • Don’t even have to use regulations • Supported by elites • Thus “writing the law” not being umpire

  5. The Courts • Balance the Key • Madison • Federalist 80 • Federalist 81 • Federalist 48 • Madison feared legislative branch

  6. The Courts • Jefferson feared an oligarchy • Courts have risen above the President ant Congress

  7. The Courts • Religion most obvious • From SALVATION to THREAT…. • One letter from 1802…”wall of separation” • Engel v. Vitale (1962) • Prayer in school • Abington v. Schempp (1963) • Bible reading

  8. The Courts • Precedents- only when needed • Prior Court cases • 1829- Common law based on Christianity • 1844 Christian religion part of common law • 1890- polygamy contrary to spirit of Christianity • 1892- Christianity part of the common law • 1931- We are Christian people • 1952- no hostility in Bill of Rights to religion All clearly show God IN the public life

  9. The Courts • Elites and the Court are IGNORING history • Court is a reflection of the cultural elites • Journalists • Academics • Entertainers • NO LAW…just their will

  10. The Courts • NO longer bound by • Precedents • History • Founding Fathers • Where are we getting these radical ideas?

  11. The Courts • Foreigners • UN • Even so far out as asking them to be involved in 2000 • O’Connor argued there is much to be learned by foreign courts • Ginsberg…”lone ranger” • Each trying to impose elite values on Americans

  12. The Courts • Constitutional entitlements do NOT come from foreign governments (Scalia) • Using UN conventions not approved by the US Senate is silly • Proto-Dictatorship of 5

  13. The Courts • Jefferson against judicial supremacy • “…despotism of an oligarchy” • Gradual • Advancing noiseless step like a thief • Gaining a little today a little tomorrow

  14. The Courts • Executive must unite with legislative branch • Dred Scott • Lincoln • FDR • Today • Frustration • Give up

  15. The Courts • What to do? • Lawyers self-enriching • Revenge and redistribution • Litigation lottery • Sue not settle • Conflict sells

  16. The Courts • Venue Shopping • Class Action suits • Lose best and brightest • Panel of Experts • Loser Pays • 15% • No Advertising

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