Federal Judge Prohibits Prayer at Texas Graduation Ceremony

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ChristIsTheWay said:
"What has happened to our nation?
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FDR elevated judges to a level of authority higher than that of elected representatives and liberals have continued in that model. That is just one of the reasons why he is on my list of “5 Worst Presidents Ever”.
 
Scott_Lafrance said:
FDR elevated judges to a level of authority higher than that of elected representatives and liberals have continued in that model.
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Can you be more specific? I was under the impression that John Marshall had established the primacy of judicial review in 1803.
 
 
Digitonomy said:
Can you be more specific? I was under the impression that John Marshall had established the primacy of judicial review in 1803.
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FDR knew that his policies wouldn’t stay in place if left the the legislature or a future president, so he stacked the courts with jurists who had no problem “litigating from the bench”.
 
Scott_Lafrance said:
FDR elevated judges to a level of authority higher than that of elected representatives and liberals have continued in that model…he stacked the courts with jurists who had no problem “litigating from the bench”.
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I fail to see how FDR did any elevating. It was because of the courts already having judicial review, and overturning various New Deal legislation, that FDR was forced to turn his attention to the courts. His court-packing bill failed, and he was forced to do things the old-fashioned way:

  1. *]by passing legislation the court did not overturn,
    and
    *]one-by-one appointing qualified judges who reflected his judicial views, a practice prevalent previously and generally unchallenged until the Bork nomination.
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    Scott_Lafrance:
    FDR knew that his policies wouldn’t stay in place if left the the legislature or a future president
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    That’s absurd. There isn’t really any legal question that in the vast majority of cases, if Congress passed a law, it can repeal it. Indeed, exactly that happened with a lot of the New Deal during World War II. What has kept much of the remaining New Deal legislation and regulations in place is the political consensus against changing it. There simply isn’t the political will to get rid of the SEC, or Social Security, or the TVA.
 
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