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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 RightinNYC View Post
    He testified before Congress to criticize Alito's qualifications based on some dubious arguments, and comes across as the kind of person who places ideology above consistency.
    Why the hell do you think the Messiah nominated him? In the Messiah's world and circle of friends, actually obeying the Constitution is heresy.

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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.
    Yes, they did. That's why they wrote an Amendment process into the Constitution itself. They figured whenever the people wanted to flex their Constitution, they could Amend it.

    They most certainly did not allow that unelected lifetime judges would wield editorial control over the Constitution.

    After all, "the right of the people to keep and bear arms" is not open to debate, its meaning is 100% obvious to all honest people.

    Quote Originally Posted by Deuce View Post
    It is the judges responsiblity to understand the spirit of the law and define it based on the situation.
    No, it's the judge's responsibility to understand the text of the law and determine if that text complies with the text of the Constitution.

    "shall not be infringed" leaves no room to wiggle.

    The Tenth Amendment doesn't allow the Congress and the President and the Courts room to usurp powers.

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

    Quote Originally Posted by Deuce View Post
    Yeah those dang activist judges and their Brown v. Board and Loving v. Virginia. The constitution means what I say it means!
    You mean the Brown vs Board of Education activist decision that reversed the Plessy vs Ferguson activist decision, don't you?

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

    Quote Originally Posted by Harry Guerrilla View Post
    I can't for the life of me understand how people interpret Constitution and Bill of Rights to mean, flexible guidelines.
    Because they want to and if they didn't, they wouldn't be able to do as much damange to the country as they wish, that's ow.

    Quote Originally Posted by Deuce View Post
    The argument that The Constitution was meant to be a living document is only in reference to the amending process.
    Well, of course. If it was a living document, the national archives killed it when they immersed it in the 100% argon atmosphere it's currently kept in. The National Archives suffocated the poor thing.


    However that worked, it's pretty clear that Obama and Nancy and Harry and the rest of their followers and supporters believe the Constitution is now dead.

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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, like when those damn black people wanted to ride in the front of buses, and drink from white only water fountains, and go to desegregated schools. How dare they challenge the values this country was founded on! Don't they know that the founders considered them only 3/5ths of a person! They totally deserved the firehoses and police dogs being turned on them!
    Interestingly enough, that Three-Fifth's issue was resolved by....get this, by a Constitutional AMENDMENT. Ohh....no "living document" bull**** there, just a flat out change to the Constitution.

    Fancy that.

    The Democrats and their Jim Crow nonsense was condoned by the Courts in the Plessy vs Ferguson decision....a fine example of the Living Document Theory at work.

    Nowhere in the Constitution is the federal government allowed to provide transportation services, hence no where in the Constitution can be found any basis for the so-called Seperate But Equal transport arrangements enacted in the Southern States after Reconstruction, and since it can't be found in the document, the idea that a "living" Constitution covered the insanity of racial segregation is flat absurd.

    However, it was the Living Document Theory that created federal toleration of racial segregation, not any sort of strict constructionism.

    Quote Originally Posted by CriticalThought View Post
    And how about those abortion clinics?
    How about 'em? The Constitution doesn't grant women the right to murder babies. It's not in there.

    Again, the Living Document Theory has created magically appearing formerly non-existent rights, that have led to the destruction of nearly one hundred million babies since Roe v Wade created new unconstituitonal laws.

    Quote Originally Posted by CriticalThought View Post
    Truly, those people were shown the love of Jesus when those clinics were bombed and abortion doctors were murdered. How dare they impose their sick practice of abortion, even though abortions were practiced even during the founding father's time!
    Yes, how dare the federal government intrude on what everyone recognized was a state and local issue. Try reading the Tenth Amendment sometime.

    Quote Originally Posted by CriticalThought View Post
    And the gays! They are the sickest group of all!
    I disagree.

    There's the socialists and Marxists and other "progressives". To be a useless idiot like that and not even realize their useless idiots, that's true self-debasement there.

    Quote Originally Posted by CriticalThought View Post
    To think that sodomy laws would be overturned and the government would no longer have a right knowing what goes on in the bedrooms of consenting adults! This a travesty to the values of this country!
    Sodomy isn't a federal issue, except for national security employment aspects such as military personnel and federal employees with access to sensitive security information.

    Identify the clause of the Constitution that gives the federal governemnt to interfere in state sodomy laws. I agree that fudge packing among consenting adults isn't something the state and local government should intervene in, just provide the Constitutional justification for making sodomy a federal issue.

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

    Quote Originally Posted by CaptainCourtesy View Post
    No, the opposite is true. What the quote represents is Hamilton's position that the Constitution should only have in it general provisions. Since society changes, these general provisions can be used to interpret the changing societial needs.
    And building a cage of willow switches serves what purpose? Why bother with broadly flexible flimsy easily bent rules, when it's far far easier to have no rules at all.

    If rules have no force, they have no meaning.

    That means they're not rules at all.

    Hamilton opposed the First Amendment on the grounds that there was no need to place a restriction on the government from doing that which the Constitution did not grant the power to do in the first place.

    Hamilton also said, in Federalist 83, that it was meaningless to create the specific enumerated powers of governement if the government was able, as some claimed, to seize what power it wanted to do as it will. In modern terms, Hamilton did not see any blank checks in his Constitution.

    That means no flimsy flexible rules.

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

    Quote Originally Posted by Harry Guerrilla View Post
    What it means is that a constitution must not be ultra specific.

    Like it saying a right to free speech instead of speech by word of mouth or a printing press.
    The right to bear arms instead of the right to bear flintlock muskets and bladed weapons.

    It's provisions cover future technological developments and thus there is no need to update those specific sections, for the most part.

    A constitution that is not grounded, is nothing at all.
    If it is so flexible, who is to decide when and where that flexibility it can apply?
    Can free speech be clamped down on because a person in power thinks society shouldn't have that wide option?

    I do not think you should enable someone to smudge your contractual assets and you get nothing in return.
    It's a bad deal for you and a good deal for them.
    The First Amendment says both freedom of speech and freedom of the press.

    Other means of mass communication did not exist, and in a correct form of judicial interpretation, the freedoms of press and speech have been expanded to both individuals being represented by the corporations they've invested in, and by freedoms of the various electronics media. For the most part.

    That wonderful judicial activism and Living Document **** kept Eugene Debb in jail for years, for the heinous crime of publicly opposing Wilson's interventionist war in Europe.

    Great stuff, that Living Document ****, when you want to impose authoritarian rule. For some reason, Living Document **** doesn't apply when people want to protect their freedoms.

    LDS (sorry, not referring to the Mormons here) is most dramatically applied when people want to babble about how the "Founders" didn't know about laser sighted fully autoomatic "assault" rifles. NO, oh no! THEN the LDS is about restricting freedoms. Can't have law abiding citizens having them there modern weapons.

    Other LDS allowed the creation of the FHA. Which led to the CRA, which led to CRA II, eventually the busted mortgage crisis of 2008.

    Can someone cite, in their Living Document, where the Messiah derives the authority to intervene in bank foreclosures? Where people who pay their mortgage and their taxes are required to pay more taxes so people who won't pay their mortgages get to keep a house they haven't paid for?

    Cite the clause of this magical Living Document that says the government can take dollars from people who have decided they didn't want their dollars going to General Motors and then giving those dollars to GM anyway?

    Anyone REALLY beleive that Hamilton or Madison or anyone living in that era would accept the notion that the government should have the power to tax the people to prevent a private company from going bankrupt? No, those people NEVER believed that, and thus this whole Living Document **** is just that, the watery ploppings of a flatuent cow that never saw the shores of the real America.

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

    So what do you recommend we do about it, Scarecrow?

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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
    obama is a radical extremist

    I hate the guy but definitely don't consider him radical or an extremist. He's all sorts of things but not that.
    A screaming comes across the sky.
    It has happened before, but there is nothing to compare it to now.
    Pynchon - Gravity's Rainbow

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

    Quote Originally Posted by OxymoronP View Post
    Nothing in the constitution about a Presidents cabinet neither.
    Article 2, Section 2




    I disagree with that take, the Supreme court has been vital in protecting the spirit of the constitution. I dont see them as acting outside the constitution, I think the Founders envisioned a Court that would protect us from the Tyranny of the Majority. For example the Court should have never allowed prohibition even though it was passed through majority, prohibition was a direct violation of peoples civil rights. As is the legislation against drugs.
    "He who does not think himself worth saving from poverty and ignorance by his own efforts, will hardly be thought worth the efforts of anybody else." -- Frederick Douglass, Self-Made Men (1872)
    "Fly-over" country voted, and The Donald is now POTUS.

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