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

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

    Quote Originally Posted by CriticalThought View Post
    Indeed, but the line between judicial activism and judicial review is incredibly thin and perhaps even transparent. There will always be two arguments in which people make a very convincing case that their side is supported by what the founder's envisioned, whether it is from a broad outcome perspective or a narrow process perspective and it will ultimately be up to the particular bias of the judge which way it goes.
    Are you trying to tell us our founders envisioned decisions being ultimately decided by particular biases of particular judges?

    Cause, I'll tell you're wrong there. Not even close.

    What in the world.....how does......nevermind.
    It was the Austrasians, that hewed on bravely through the thick of the fight, it was they who found and cut down the Saracen King.

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

    Quote Originally Posted by RightinNYC View Post
    Judicial review is the idea that an independent judiciary has the authority to review the acts of the legislature and determine if they comply with the Constitution. This is a theory of governance born out of the concept of separation of powers.

    The idea of the living Constitution is that the meaning of the Constitution changes over time and that the Judiciary should take it upon itself to divine those social changes and adapt the meaning of the Constitution accordingly. This is a theory of constitutional interpretation.

    Again, they are entirely distinct concepts.
    that is extremely well put

    even the proficient prof never contemplated that particular point

    with appreciation, cliff

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

    Quote Originally Posted by Charles Martel View Post
    Are you trying to tell us our founders envisioned decisions being ultimately decided by particular biases of particular judges?

    Cause, I'll tell you're wrong there. Not even close.

    What in the world.....how does......nevermind.
    No, what I am saying is that it is an imperfect system because it is made of imperfect people. The way the system should ideally be run is not how it has been ran since 1803. The moment that the courts obtained the power of judicial review, they stepped outside of what the founders originally intended by inadvertently turning the Constitution into a living document due to the inevitable incorporation of their own cognitive biases.

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

    obama is a radical extremist

    his ludicrous conception that he can change iran by talking to its leaders can fairly be described as a radical alteration of existing us foreign policy

    his bizarre desire to try ksm before some lance ito in downtown manhattan is beyond radical, it's wild eyed

    his cap and trade which would tax pretty heavily pretty much all forms of energy, both its production and consumption, in the middle of a depression---if that's not radical, it's at least extreme

    his czars---the truther, the racist, the forced sterilization guy, the fella who wants to let fido sue you, the safe schools guy who gives you a condom and teaches you unsafe practices at tufts university...

    1.6 trillion dollars of debt is such a lot of money it might fairly be called extreme

    his belief that he can convert to reasonableness islamic jihad thru the force of his charisma is, well, weird is what it is

    his bailouts and takeovers of banks and cars and insurance

    he once floated the idea of getting his greedy fingers on individual retirement accounts, one of the few resources of worth remaining in this bankrupt country

    his 3.8 trillion dollar budget with the 1.6 trillion dollar debt, some 13% of gdp, actually limits the home interest mortgage deduction and does away with writeoffs for charitable contributions---positively unamerican

    his apologizing at every turn overseas, bowing to four foot tall potentates---unprecedented, to say the least

    his health care, my goodness, his health care...

    why do you think they can't get it passed thru their own caucus?

    i could go on, pretty much everything he does

    obama is a radical extremist

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

    Quote Originally Posted by CriticalThought View Post
    No, what I am saying is that it is an imperfect system because it is made of imperfect people. The way the system should ideally be run is not how it has been ran since 1803. The moment that the courts obtained the power of judicial review, they stepped outside of what the founders originally intended by inadvertently turning the Constitution into a living document due to the inevitable incorporation of their own cognitive biases.
    no, no, no, the smart guy up there with the red name (he knows caro) just explained it as clear as could be, in unimistakable language

    marbury vs madison empowers the court to review legislation to ensure that it aligns with the meaning of the constitution as interpreted

    not changed

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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
    no, no, no, the smart guy up there with the red name (he knows caro) just explained it as clear as could be, in unimistakable language

    marbury vs madison empowers the court to review legislation to ensure that it aligns with the meaning of the constitution as interpreted

    not changed
    You don't understand what I am saying. Let me put it another way.

    Once the courts obtain judicial review, the Constitution became a living document inadvertently.

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

    no, i understand you

    it being living because the people who must interpret it aren't dead is not quite the same thing as an evolving document

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

    Quote Originally Posted by CriticalThought View Post
    No, what I am saying is that it is an imperfect system because it is made of imperfect people. The way the system should ideally be run is not how it has been ran since 1803. The moment that the courts obtained the power of judicial review, they stepped outside of what the founders originally intended by inadvertently turning the Constitution into a living document due to the inevitable incorporation of their own cognitive biases.
    Brown v. Board of Education

    Gideon v. Wainwright

    Loving v. Virginia

    Lawrence v. Texas

    Those are just off the top of my head.
    Last edited by Deuce; 03-07-10 at 05:21 PM.
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    We’ll say what? Something like “nothing happened” ... Yeah, we might say something like that.

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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
    no, i understand you

    it being living because the people who must interpret it aren't dead is not quite the same thing as an evolving document
    And that is where I disagree with him. The moment it was opened up to judicial review, I feel it became a living document and that is how it has existed since 1803. Abstractly, you may disagree, but realistically, that is how it has been.

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

    Quote Originally Posted by Deuce View Post
    Brown v. Board of Education

    Gideon v. Wainwright

    Loving v. Virginia

    Lawrence v. Texas

    Those are just off the top of my head.
    What is your point?

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