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If the judge has the power to jail her, he should also have the power to simply remove her out of her job temporarily.
I still think you are overemphasizing an otherwise valid point. The USA does overuse jail time. But this case is unique and jail is both the only option and it is voluntary on Davis part.
Removing her from office would require the governor to take a politically damaging position. Fines would be happily paid by other people. The judge gave her three options. Do the job, let someone else do the job, or go to jail. She picked jail.
She is pretty much picking everything, it is the rest of us stuck with her choices.
Tom
No way.
What you are advocating here is giving the judge power to overturn an election result if he doesn't like the voters choice.
Tom
No. He would only be able to do what I have said under the same circumstances where he is allowed to send people to jail.
Would you be more specific? What you said sounds like giving judges the power to overrule elections.
He has the power to hold people in contempt of court. But not to overturn election results, you need the governor to initiate that.
Tom
Under circumstances where people would be jailed for contempt of court, the judge would have the option to merely remove the individuals out of their duties temporarily.
That is not how it works in a democratic republic. She was elected by the voters in Rowan County and it is a big effing deal to overturn the election.
Tom
not at allIt is not an overturn. If that is an overturn, then sending her to jail is an overturn.
not at all
how is it not ? striping an elected official of office is the definition of an overturn and the judge does not have the power to do what you suggest nor should they .Then what I propose is not an overturn at all either.
how is it not ? striping an elected official of office is the definition of an overturn and the judge does not have the power to do what you suggest nor should they .
you simply cannot, it does not work that way and cannot because democracy . an unelected official can not and should not have that power . and she went to jail because she flouted a court order which is a crimeAnd yet he has the power to prevent an elected official to perform her role by sending her to jail. My suggestion merely removes the middleman.
you simply cannot, it does not work that way and cannot because democracy . an unelected official can not and should not have that power . and she went to jail because she flouted a court order which is a crime
no that would be undoing an election nothing gives him that power.I must disagree. If a judge has the power to ( temporarily ) jail someone thus effectively stripping this person out of her role, then it only make senses he should be able to do that without sending such person to jail.
no that would be undoing an election nothing gives him that power.
one is temporary one is not . one has legal and constitutional justification one does not. as far as American politics goes your wrong .I disagree. I don't think that would be the same as undoing an election. In the same way that sending someone to jail under the same circumstance is not the same as undoing an election.
I disagree.
Elected officials are not immune to the law & sanctions.And yet he has the power to prevent an elected official to perform her role by sending her to jail. My suggestion merely removes the middleman.