The Rabid Conservative

Think Right, Act Right, Be Right.

Playing for Keeps

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So I was playing the original Mass Effect on XBox360.  Yes, I know I’m behind on the times in my gaming but everything else getting in the way of gaming, well, I miss all the good fun I used to have back in my X-Wing vs. Tie Fighter online game days.

Sigh.

So, there is a part of the game where Commander Sheperd is talking to Tali and she is describing her government procedure.  In it, she details that there is a council of admirals – five of them, that actually have the power to override the power of the Conclave – their representative government.

However, to put that override into action, the admirals have to vote unanimously and they all have to resign after the decision is made.

My head started churning, "What if….what if…"

Since we occasionally have situations where the courts are hearing cases which could lead to the overturn of state constitutional law, how about this:  The federal courts could overturn something in a state constitution, but the decision would have to be unanimous and all the justices on the court would immediately have to resign their seats on the bench if they voted to overturn that law.

So, I wonder how quick the courts would be to overturn a constitutional rule if they knew that, in so doing, that would be their last decision – they would leave the bench immediatly upon the gavel fall.

I believe that most rulemaking needs to happen at the state level and that, in general, we should govern at the lowest level possible for all matters.  States have ceded much of their power to the federal government, which, to me, is horribly overreaching.  And the courts have gotten too far into the business of lawmaking through judicial fiat. 

I wonder how capricious our government would be if someone had to actually stake their job on their decision.

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Written by The Rabid Conservative

June 30, 2011 at 9:00 am

Posted in Political

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