Dempublicents1 wrote:SmilezRoyale wrote:In a reasonable world, if two companies, Party A and Party B were settling a legal dispute and they wanted an objective judge of the contract to give a ruling over whether a breach of contract had occurred, the two parties would only submit to a third party arbitrator agreed to by both A and B. B would never accept an arbitrator appointed by a number of former CEOs, of Party A, even when provided the consolation that the arbitrators could not lose their job if they reached a decision that A did not consider to be favorable at the time.
Considering the fact that we are talking about individuals bringing challenges to state laws they believe have infringed upon their rights, are you saying that state governments (ie. party A) chose the federal judges?
I'm saying that in cases where federal laws entail gross infringements of legitimate power, and no agents within the federal government are willing to admit unconstitutionality, having an authority outside the federal government with some degree of social standing declare the law void.
Likewise, in cases where particular state laws entail gross infringements of legitimate power, and no agents within the state government are willing to admit unconstitutionality, having an authority outside the state government with some degree of social standing declare the law void.
Obviously fiscal federalism is going to compromise the degree of independence just as court packing would.
This will be my last post on this thread for today again. Sowwy.