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Need help in a debate!

Submitted by E2e1el on Thu, 01/17/2013 - 21:10
in

Me:The abuse of executive orders allow for the trampling of our constitution. It's terrifying.

Him: Thats why we have checks and balances, so that if unconstitutional actions are occurring, lawsuits can be filed in order for the courts to engage in judicial review to determine the constitutionality of actions by either the executive branch or the legislative branch. To live in fear is the worst mistake us citizens can engage in.

Me: Unfortunately, the checks and balances have failed us. The executive branch is too powerful, legislative branch is asleep, and judicial branch has been politicized. Our constitution has afforded us the right to question the actions of our government. "All tyranny needs to gain a foothold is for people of good conscience to remain silent." -Thomas Jefferson I for one, do not intend to remain silent.

Him:You make a good point, however, when lawsuits are filed that question the constitutionality of certain laws or actions means that checks and balances is at work. The fact that the courts have the power to review these executive orders is far from a failure of the system. The day that one branch overwhelms the other branches of government is the day you can claim that checks and balances have failed us, however that is not the case. Lawsuits can and will be filed that will review these actions by the President. I believe that the opposite of "silence" is occuring as you can see in the uproar in citizens speaking out against the presidents actions. Now all that needs to happen is for lawsuits to be filed, and judicial review to occur. Good point though

What should I say? Opinions?


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That's easy

Submitted by rpcongress on Thu, 01/17/2013 - 21:23.

The Supreme Court is the highest court in the land. Lawsuits challenged Obamacare. The Supreme Court incorrectly ruled on Obamacare. Tell your friend the system failed as your comments warn about. Justice Roberts ruled Obamacare (forcing people to buy insurance) is OK because of the government's power to tax. Utter BS. Have him read this:

http://www.forbes.com/sites/realspin/2012/07/03/john-roberts...

Here's what the court said not some pundit who gets it wrong.

Submitted by Paul_S. on Thu, 01/17/2013 - 23:27.

http://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf

The Supreme Court ruled correctly on the complaint as presented.

CHIEF JUSTICE ROBERTS delivered the opinion of the Court... The Affordable Care Act describes the payment as a “penalty,” not a “tax.” That label cannot control whether the payment is a tax for purposes of the Constitution

Forty-two of the 48 states ratified the 16th Amendment. Connecticut, Rhode Island, Utah, Virginia, Florida and Pennsylvania never ratified the 16th Amendment. One-eight of the States rejected the amendment.

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

[T]he payment is a tax for purposes of the Constitution by the 14th amendment. Time to repeal another amendment?

The Medicaid expansion was declared unconstitutional.

CHIEF JUSTICE ROBERTS concluded in Part III–A that the individual mandate is not a valid exercise of Congress’s power under the
Commerce Clause and the Necessary and Proper Clause.

This is not over. Individual's testing this case will have to claim Rights violated. Secure in papers or property, cruel and unusual punishment, something.

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Free includes debt-free!