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Thread: Obama 9th Circuit Nominee: Constitution Must Adapt to Changes in the World

  1. #131
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    Re: Obama 9th Circuit Nominee: Constitution Must Adapt to Changes in the World

    Quote Originally Posted by The Prof View Post
    or, more practically, simply support the appointment of constructionist judges and oppose judicial activists

    as well as those rather radical pols who would pick em
    Yeah, because its the objective, average citizen who appoints those judges...

    No wait! It's partisan Presidents who do that!

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    Re: Obama 9th Circuit Nominee: Constitution Must Adapt to Changes in the World

    Quote Originally Posted by RightinNYC View Post
    Yes, and as everyone knows, there's no possible way that anything other than the Constitution could deal with the issue of kiddie porn.
    Missing the point -- kiddie porn is not specifically mentioned in the 1st amendment, but we know it's outside the bounds of free speech...

    If only there were some sort of legislative body that could draft laws to deal with things like this, thus freeing the judicial system from its need to reinterpret the Constitution to deal with whatever bull**** issue that people think is important today...
    Those clever Founding Fathers are wa-aaaay ahead of you, RightNYC -- it's called Congress. And when they overstep, that's where the supreme court comes in...

    Did you skip of few weeks of high school civics?

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    Re: Obama 9th Circuit Nominee: Constitution Must Adapt to Changes in the World

    Quote Originally Posted by CriticalThought View Post
    Yeah, because its the objective, average citizen who appoints those judges...

    No wait! It's partisan Presidents who do that!
    exactly, which is why we should all support partisan presidents who appoint constructionists while opposing partisan presidents who would try to see the constitution as evolving and changing with circumstances, ala judicial activists

    and there's a BIG difference

    a BIG difference between partisan presidents who pick constructionists and partisan presidents who appoint men and women who use the concept of a "living" charter as license to do just about anything they want

    and that BIG difference in partisan presidents derives from that defining distinction between construction and activism, pretty much diametrically opposing SCHOOLS of law

    a matter of inadvertence---LOL!

  4. #134
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    Re: Obama 9th Circuit Nominee: Constitution Must Adapt to Changes in the World

    Quote Originally Posted by Councilman View Post
    The Ninth Circuit Court of shlameals is the most overturned Court in America hands down.

    They have a history of getting it wrong and adding another radical is not going to help.

    An amendment to the Constitution should make it illegal to attempt to change any decision made by the Supreme Court on any subject.

    The Values our Nation were founded on should not be subject to change because some wacko liberals has some whim.

    We have sen in the last 50 years so many attacks on our values, making acts so perverse they flu in the face any value system it's not funny.

    Liberals are trying to destroy or Nation and they use threats, intimidation and claims of intolerance to force their unnatural ways of life and thinking on the rest of us.

    Enough is enough.
    Oh no not the ninth Circus??


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    Re: Obama 9th Circuit Nominee: Constitution Must Adapt to Changes in the World

    Quote Originally Posted by The Prof View Post
    exactly, which is why we should all support partisan presidents who appoint constructionists while opposing partisan presidents who would try to see the constitution as evolving and changing with circumstances, ala judicial activists

    and there's a BIG difference

    a BIG difference between partisan presidents who pick constructionists and partisan presidents who appoint men and women who use the concept of a "living" charter as license to do just about anything they want

    and that BIG difference in partisan presidents derives from that defining distinction between construction and activism, pretty much diametrically opposing SCHOOLS of law

    a matter of inadvertence---LOL!
    Meh, I'm just saying, whether a conservative president or a liberal president, either is likely to appoint "activist" judges. There are just as many social conservative activists out there as there are progressive liberal activists. And when going to the polls, the last thing usually on people's minds is "Boy, I wonder if this guy will appoint activist judges?"
    Last edited by CriticalThought; 03-09-10 at 12:47 AM.

  6. #136
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    Re: Obama 9th Circuit Nominee: Constitution Must Adapt to Changes in the World

    Quote Originally Posted by hazlnut View Post
    Missing the point -- kiddie porn is not specifically mentioned in the 1st amendment, but we know it's outside the bounds of free speech...
    Which means...? I'm not sure what you think you're proving.


    Those clever Founding Fathers are wa-aaaay ahead of you, RightNYC -- it's called Congress. And when they overstep, that's where the supreme court comes in...

    Did you skip of few weeks of high school civics?
    Might want to check your sarcasm detector.
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    Re: Obama 9th Circuit Nominee: Constitution Must Adapt to Changes in the World

    Quote Originally Posted by CriticalThought View Post
    There are just as many social conservative activists out there as there are progressive liberal activists.
    sure, that's why all the conservatives on this thread are so opposed to the idea of the "evolving" charter

    while all the "progressives" here have been claiming for 100 posts that there is no distinction

    except "inadvertence"

    And when going to the polls, the last thing usually on people's minds is "Boy, I wonder if this guy will appoint activist judges?"
    hardly, what kind of judges a president is likely to appoint is always a huge political concern

    it's why a candidate's views on abortion matter so much to so many, for example

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    Re: Obama 9th Circuit Nominee: Constitution Must Adapt to Changes in the World

    Quote Originally Posted by j-mac View Post
    All right....have at it Groucho.....Let's see your counter to Justice Sclia


    j-mac
    He's an absolute hypocrite and doesn't mean a damn thing he said, or else is so clueless that he doesn't realize his own biases.

    He's completely ignored state law when it supported his position. He's overturned 100 years of precedent to push his agenda. He's more of an activist than many liberals who have been on the court.

    It's common though, I see it all the time, including here.

    Basically, when someone reads the Constitution and interprets it the way they want to, they think that they are honestly viewing it the way it should be. So to that person, they are not being an activist at all, because it's pretty clear to them what it means.

    The people on the other side of the issue are doing the exact same thing.

    The problem comes when one side insists that they are the honest and true seekers of the truth of the Constitution, therefore implying that anyone who holds a different position is dishonest and evil.

    The REAL truth is that there is no one true interpretation. If it was clear and obvious, we'd never need a Supreme Court at all, would we?

    Instead, we get comments from hypocrites and people who are deluded who think that they have such great insight and understanding that they alone are the prophets of our national religion, and woe be it to anyone who questions their infallibility.

  9. #139
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    Re: Obama 9th Circuit Nominee: Constitution Must Adapt to Changes in the World

    Quote Originally Posted by OxymoronP View Post
    The founding fathers understood that the constitution would be and should be able to flex. It is the judges responsiblity to understand the spirit of the law and define it based on the situation.
    The founding fathers built provisions into the constitution so that it should be allowed to be flexible, but their committment to the rights of the individual is NOT in doubt, nor was their desire to make that flexibility VERY difficult. We arent talking about a simple show of hands...it is a long process that requires state ratification. In light of the commitment to that process and the importance, NO judge or court ought to have the power to make law. NO judge or court ought to have the power to create policy.

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    Re: Obama 9th Circuit Nominee: Constitution Must Adapt to Changes in the World

    Quote Originally Posted by Groucho View Post
    He's an absolute hypocrite and doesn't mean a damn thing he said, or else is so clueless that he doesn't realize his own biases.

    He's completely ignored state law when it supported his position. He's overturned 100 years of precedent to push his agenda. He's more of an activist than many liberals who have been on the court.

    It's common though, I see it all the time, including here.

    Basically, when someone reads the Constitution and interprets it the way they want to, they think that they are honestly viewing it the way it should be. So to that person, they are not being an activist at all, because it's pretty clear to them what it means.

    The people on the other side of the issue are doing the exact same thing.

    The problem comes when one side insists that they are the honest and true seekers of the truth of the Constitution, therefore implying that anyone who holds a different position is dishonest and evil.

    The REAL truth is that there is no one true interpretation. If it was clear and obvious, we'd never need a Supreme Court at all, would we?

    Instead, we get comments from hypocrites and people who are deluded who think that they have such great insight and understanding that they alone are the prophets of our national religion, and woe be it to anyone who questions their infallibility.
    I think we were expecting something more scholarly here, since you have credentials.
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