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Supreme Court's newest justice invokes John Adams in high-profile cellphone case

Posted by $ nickursis 6 years, 4 months ago to Government
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I am glad Gorsuch made it through the gauntlet. He is starting to push even the liberal judges to ask the right questions. How refreshing...
SOURCE URL: https://www.yahoo.com/finance/news/supreme-courts-newest-justice-invokes-john-adams-high-profile-cellphone-case-201341840.html


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  • Posted by freedomforall 6 years, 4 months ago
    Good for Gorsuch. One can only hope he can convince a majority to support individual privacy from government warrant-less snooping.
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    • Posted by $ AJAshinoff 6 years, 4 months ago
      If only a few of the walking corpses still in SCOTUS would keel over or decide to retire perhaps the POTUS will provision the country with a properly focused Constitutional SCOTUS that will last a decade or more.
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      • Posted by freedomforall 6 years, 4 months ago
        A SCOTUS that relinquishes the power it was constitutionally never intended to have is a SCOTUS to admire.
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        • Posted by $ AJAshinoff 6 years, 4 months ago
          IF, and this is a huge if, the SCOTUS realigned itself to only its proper mandate, it wouldn't have the authority to make judgements on Constitutionality,
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          • Posted by zagros 6 years, 4 months ago
            I concur. Judges are supposed to decide cases rather than overreach. When two laws conflict, they are rightly charged to decide which law is to be used in that particular circumstance in that particular case but no other. It should not have the force to delete one law in all other cases from the books. See https://www.minnpost.com/eric-black-i...
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            • Posted by $ AJAshinoff 6 years, 4 months ago
              Article III
              Section 1.

              The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.
              Section 2.

              The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.

              In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.

              The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.
              Section 3.

              Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.


              The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.

              Nowhere in the Constitution does it provide the SCOTUS to define Constitutionality or shape or create Constitutionality. In fact, with very few instances, the SCOTUS is supposed to limit itself from coming into States to influence State laws.
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          • Posted by freedomforall 6 years, 4 months ago
            Exactly.
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            • Posted by LibertyBelle 6 years, 4 months ago
              "...in all cases, in law and equity, arising under this
              Constitution..."
              Looks like an authorization for judicial review to
              me. And I don't believe the citizen is supposed to be handed over as a serf to his state government.
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              • Posted by freedomforall 6 years, 4 months ago
                Thomas Jefferson understood the meaning of the constitution well enough and I concur with his opinion that the SC was never intended to hold such power.

                The Court first exercised the power of judicial review in the 1803 case of Marbury vs. Madison. The decision caused an uproar, leading Thomas Jefferson to express his deep reservations about the principle. He wrote: "To consider judges as the ultimate arbiters of all constitutional questions is a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, for power, and for privilege. But their power [is] the more dangerous, as they are in office for life, and not responsible to elective control." Jefferson cautioned that judicial review would make the Constitution nothing but "a mere thing of wax in the hands of the Judiciary, which they may twist and shape into any form they please."

                Jefferson wrote to Abigail Adams (wife of former President John Adams) in 1804:

                "The Constitution... meant that its coordinate branches should be checks on each other. But the opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves in their own sphere of action but for the Legislature and Executive also in their spheres, would make the Judiciary a despotic branch."

                Jefferson wrote also to Spencer Roane in 1819:

                "In denying the right [the Supreme Court usurps] of exclusively explaining the Constitution, I go further than [others] do, if I understand rightly [this] quotation from the Federalist of an opinion that 'the judiciary is the last resort in relation to the other departments of the government, but not in relation to the rights of the parties to the compact under which the judiciary is derived.' If this opinion be sound, then indeed is our Constitution a complete felo de se[act of suicide]. For intending to establish three departments, coordinate and independent, that they might check and balance one another, it has given, according to this opinion, to one of them alone the right to prescribe rules for the government of the others, and to that one, too, which is unelected by and independent of the nation. For experience has already shown that the impeachment it has provided is not even a scare-crow... The Constitution on this hypothesis is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please."

                Jefferson wrote also to William C. Jarvis in 1820:

                "To consider the judges as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men and not more so. They have with others the same passions for party, for power, and the privilege of their corps. Their maxim is boni judicis est ampliare jurisdictionem [good justice is broad jurisdiction], and their power the more dangerous as they are in office for life and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign within themselves."

                and to Edward Livingstone in 1825:

                "This member of the Government was at first considered as the most harmless and helpless of all its organs. But it has proved that the power of declaring what the law is, ad libitum, by sapping and mining slyly and without alarm the foundations of the Constitution, can do what open force would not dare to attempt."

                I think Justice Marshall stole that power from the congress and the people have suffered loss of freedom from it ever since.
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                • Posted by $ 6 years, 4 months ago
                  It would seem that they have sold the idea of SCOTUS being an arbiter of Constitutionality. However, one also needs to consider that the idea of "In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction." I may be wrong, but I see cases in which states are named going to the Court only after having been tried in Circuit Court first and always as an appeal. Seems they should be started and finished in SCOTUS.
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                  • Posted by freedomforall 6 years, 4 months ago
                    They are an aristocracy for life and have no such power in a republican form of government. Not that I have any more confidence in the ability of con-gress to stay within constitutional limits. The tree of liberty needs to be re-nourished, and very soon.
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  • Posted by $ Susanne 6 years, 4 months ago
    "Still, Justice Anthony Kennedy, the swing voter on the court, pointed out that a person’s location is less private than private bank records. “Your whereabouts are publicly known. People can see you. Surveillance officers can follow you,” he noted."

    The difference is - The person being seen or observed has the opportunity and ability to see who is looking at or surveilling them.

    The point of tis case is they want the ability to do such things while removing any possibility of their being seen or detected. Kind of like...

    Kind of like tracking down someone using census data compiled by IBM for the Reich. People gave up the info because it was the right thing to do - and the government went in, without those people knowing, and searched their records, to make sure they were racially pure... or if one of them had ticked the dreaded "J" box for any of their ancestors...

    See, they want to find you guilty while also withholding the (previously allowed) ability to defend yourself through a process called "discovery".

    Yes, we have the evidence. No, you cannot see it. We made it impossible for you to detect we got the evidence. Game, Set, Match... to light the flame.
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  • Posted by $ allosaur 6 years, 4 months ago
    SCOTUS appointments was a huge reason why me dino wanted Harlequin Hair to beat the Evil Hag.
    Our trip down the road to socialism has at least hit one detour for now.
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  • Posted by Herb7734 6 years, 4 months ago
    The right to privacy in all its forms is integral to a citizen's freedom. Without it, freedom is diminished to a very large extent..It would be similar to not allowing freedom of the press which would greatly hamper Freedom of speech by saying putting something in print is like including a 3rd party and therefore excluding privacy.. Dear Congresspeople: Do not muck about with the constitution, no matter what they tell you, you're not as smart as the founders.Thankfully, Gorsuch not only knows the Constitution but also knows how to express himself in clear, easy to understand American English.
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  • Posted by kddr22 6 years, 4 months ago
    Just glad someone knows enough to actually know what is written in the Constitution and John Adams writings, one wonders watching the writing and ruling of our legal system
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  • Posted by CircuitGuy 6 years, 4 months ago
    Cool. There was a in 2011 in which the police came on a suspect's property and secretly attached a tracking device to his car. The court ruled it was unlawful.
    Sotomayor wrote a concurring opinion that takes it a step further saying the search may have been illegal even if they used a cellphone or automotive electronics and never went on his property. She's basically inviting someone to bring such a case b/c they need a case with this fact pattern to rule on it. I guess you could call it "pushing even the liberal judges to ask the right questions".
    https://www.supremecourt.gov/opinions...
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    • Posted by ewv 6 years, 4 months ago
      The gps Supreme Court case was unanimous with Scalia writing the court opinion plus two concurring opinions. Almost all cases are decided on narrow grounds pertaining to the specific case before the court. The legality of cell phone signals as a means of warrantless surveillance, which is about to be decided, has been controversial for a long time, with a lot of people wanting it banned. But it is only one of many means of comprehensive government spying that were revealed in the Snowden document dump.
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  • Posted by chad 6 years, 4 months ago
    Hoping that one man might reverse a century of thought and construction of 'laws and regulations" that control our lives by the consent of the governed is hubris. The premise (starting point) is wrong and conclusions based on a false starting point lead to a false conclusion. Quit waiting for permission to be free from the slave holders and realize that you must decide to be free then behave that way despite the decision of a man who claims authority over your life.
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  • Posted by $ blarman 6 years, 4 months ago
    Gorsuch was an encouraging action by Trump. My hope is that both Ginsberg and Souter (and Kennedy) get replaced in the next two years by Justices like Gorsuch. Then we can start to get rid of these disastrous precedents put in by ideologues and get back to a Constitutionally-limited Supreme Court.
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  • Posted by $ Thoritsu 6 years, 4 months ago
    Gorsuch was an absolutely great choice. His thought process and demeanor are as good as one could hope to replace the great Anthony Scalia.
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