From an article in Slate:
http://www.slate.com/articles/news_and_politics/jurisprudence/2012/01/
montana_supreme_court_citizens_united_can_montana_get_away_with_defying_the_supreme_court_.html
Montana is defying SCOTUS on campaign funding:
"...while corporations and human beings share many of the same rights under the law, they clearly are not bound equally to the same codes of good conduct, decency, and morality, and they are not held equally accountable for their sins. Indeed, it is truly ironic that the death penalty and hell are reserved only to natural persons."
In particular, we don't send a whole corporation to prison -- as we would a "person" if they do something really shady.
Also interesting that judges in Montana are elected, while Supreme Court justices are appointed -- perhaps the Montanans are better qualified to weigh-in on this point?
Originally posted by spruce112358If a tree falls in Montana but no one is within 300 miles to hear it, does Montana really exist?
From an article in Slate:
http://www.slate.com/articles/news_and_politics/jurisprudence/2012/01/
montana_supreme_court_citizens_united_can_montana_get_away_with_defying_the_supreme_court_.html
Montana is defying SCOTUS on campaign funding:
"...while corporations and human beings share many of the same rights under the law, they clearly are not ...[text shortened]... ices are appointed -- perhaps the Montanans are better qualified to weigh-in on this point?
Incidentally, corporations are subject to the death penalty (in a manner of speaking) and Hell probably doesn't exist at all.
As for being accountable, the people who make the decisions are accountable and that's all that matters.
Originally posted by sh76What is there you don't understand? As long as the judiciary is truly independent, there is no reason why it would be biased in its appointment of new judges. And since the judiciary has an incentive to protect its reputation, it will want to appoint good judges rather than poor ones.
Are you intentionally using circular logic or is there an explanation coming?
Originally posted by KazetNagorraOkay, KN. You're writing the Constitution for a brand new country. As soon as you write the Constitution, 50 million people are going to move in and start living in accordance with your constitution. There is no pre-exisitng anything.
What is there you don't understand? As long as the judiciary is truly independent, there is no reason why it would be biased in its appointment of new judges. And since the judiciary has an incentive to protect its reputation, it will want to appoint good judges rather than poor ones.
Okay, now. Who appoints the judges?
Originally posted by sh76The government establishes a judicial branch. This branch then selects competent judges.
Okay, KN. You're writing the Constitution for a brand new country. As soon as you write the Constitution, 50 million people are going to move in and start living in accordance with your constitution. There is no pre-exisitng anything.
Okay, now. Who appoints the judges?
Originally posted by sh76That's kind of the way that SCOTUS got to have the final say on whether law is or is not Constitutional. They ruled on a case, and declared it to be so. The Constitution is silent on the matter of final say as to the propriety of any law.
Are you intentionally using circular logic or is there an explanation coming?
Jury nullification appears to be the proper constitutional means of invalidating bad law, whether state or federal.