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The distinction was made in the post I responded to. This is about petitions, but specifically petitions for redress of grievances. This puts them squarely with
by jsprogrammer 11y ago
The distinction was made in the post I responded to. This is about petitions, but specifically petitions for redress of grievances. This puts them squarely within Equity.
Since HN likes to severely rate-limit my speech, I'll respond here to some other points people are making. dragonwriter gave a counter-example where a hypothetical group attempting to amend the Constitution is viewed as a petition for redress of grievances that courts are not empowered to hear. It may be correct that such a move could be labeled as a petition (though, I might contest such labeling), an Amendment is not a redress of grievances, it's merely the changing of text in a document. It is therefore not (nor is the act of attempting it) a petition for (nor actual) redress of grievances and is not a counter-example. The meaning of Amendments is even explicitly given in Article V.
tptacek seems to think that my argument means that we are subject to the whims of unelected philosopher kings. I ask, when has that not been true? The US Supreme Court usurped its power very early on in US history. The fact that we, people in 2015, live by the words of people who are no longer alive (and haven't been for a coupleish centuries) is bare testament. But, my answer is that it depends on the structure of the court. If the judge is an unelected philosopher king, then yes, we are subject to them. If you have some other, 'democratic' (or whatever system you propose) judge, court, or other arbiter, then you are subject to whatever rules exist in that system (which...maybe could be something other than the whims of philosopher kings? Not sure).
- dragonwriter 11y ago> It may be correct that such a move could be labeled as a petition (though, I might contest such labeling), an Amendment is not a redress of grievances, it's merely the changing of text in a document. Changing law (including the Constitution) is as much a redress of grievances as issuing judicial orders (which is no more than "creating a new document with text" when looked at on the same level of analysis at which a change to law or Constitution is "changing the text of a document".)
- tptacek 11y agoSo you're not so much arguing jurisprudence as you are trying to work from first principles on the premise of US government?
- idlewords 11y agoSomebody's got to do it, and what better place than this thread?
- jsprogrammer 11y agoI'm only arguing the current status of US law.