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Politics : View from the Center and Left
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To: Bread Upon The Water who wrote (178857)1/8/2012 10:27:39 AM
From: koan  Read Replies (1) of 541774
 
I think the recess appointment is part of a larger trend (primarily started by Republcian's) to render the law an existential system, so they can manipulate it, rather than one based on the constitution and case law (which is ironic, if one thinks about it).

This trend really started with Clintons bullshit impeachment. The law was bastardized to the point whereby he was found guilty of a charge that was never enforced and a ton of other gray areas usually never touched. They took the law into gray areas everyone had been avoiding heretofore because there are no good answers, so everyone before avoided them.

Then in 2000 Roberts told the Republican's we can steal this election and get away with it. Scalia led the charge and they got away with it and Roberts is now chief justice. Then when bush was elected he had Fredo make up laws he wanted to break. And the whole thing has escalated to the point where government is now moribund and the only way to make things work is to use the same existential tactics the right wing is using i.e. move into the gray areas with exectuive power.

At the core, all law is existential. And it will be interesting to see how the modern political system deals with this fact. What is going on now is that both parties are trying to pack the judicial branch with liberals or conservatives because they know judges at the highest levels make political rulings nearly as often as they make case law rulings. Just look at the surpreme court rulings 5/4, 5/4,5/4..
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