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

  1. #81
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    Re: Obama 9th Circuit Nominee: Constitution Must Adapt to Changes in the World

    Quote Originally Posted by Scarecrow Akhbar View Post
    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.



    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.



    Yes, how dare the federal government intrude on what everyone recognized was a state and local issue. Try reading the Tenth Amendment sometime.



    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.



    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.
    All good points, and all completely irrelevant to what I was arguing. Councilmen never even spoke about the "living Constitution" or the role of the federal government in the part of his post that I quoted. If you are going to quote me, then at least please try to understand what I am arguing.

    Now perhaps you are right and the Constitution does guarantee states to have their laws against abortion, sodomy, black people associating with white people, etc. but that has nothing to do with what I was arguing.
    Last edited by CriticalThought; 03-08-10 at 11:22 AM.

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

    the difference is (typically) fundamental

    the strict constructionist TRIES to interpret the constitution as it was written, as it was intended

    the activist OPENLY ATTEMPTS to perceive its copy in the light of CHANGING political, social and economic circumstances

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

    Quote Originally Posted by Aunt Spiker View Post
    I hate the guy but definitely don't consider him radical or an extremist. He's all sorts of things but not that.
    anyone who appoints van jones and kevin jennings is a radical

    anyone who sees jeremiah wright as a mentor is an extremist

    you really shouldn't hate, it's not good for YOU

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

    Quote Originally Posted by CriticalThought View Post
    All good points, and all completely irrelevant to what I was arguing. Councilmen never even spoke about the "living Constitution" or the role of the federal government in the part of his post that I quoted. If you are going to quote me, then at least please try to understand what I am arguing.

    Now perhaps you are right and the Constitution does guarantee states to have their laws against abortion, sodomy, black people associating with white people, etc. but that has nothing to do with what I was arguing.
    In case your forgot, the Constitution has been amended over 20 times to address certain issues, but they do not affect the interpretation of those sections of the constitution they do not address.
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    Re: Obama 9th Circuit Nominee: Constitution Must Adapt to Changes in the World

    Quote Originally Posted by American View Post
    In case your forgot, the Constitution has been amended over 20 times to address certain issues, but they do not affect the interpretation of those sections of the constitution they do not address.
    And I care why?

    As I have stated, I could care less how the government should ideally be run, I'm more interested in how it is actually run. And the way it has ran since 1803 is as the Constitution being treated as a living document, sometimes intentionally, usually inadvertently, but always as a living document.

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

    Quote Originally Posted by aps View Post
    So I assume that those who have problems with Liu's experience had problems with Brett Kavanaugh's experience as well.

    Just as a refresher. He graduated from law school in 1990, when Bush nominated him to the Court of Appeals for the DC Circuit. U.S. Court of Appeals - D.C. Circuit - Brett M. Kavanaugh (202) 216-7180
    In terms of experience, he's not that much better (although I'll note that he had been a lawyer for 4 more years and has a marginally more impressive academic background). You're right that it would be hard to justify supporting Kavanaugh while opposing Liu solely on the grounds that he wasn't experienced enough, but I don't think anyone is doing that. My primary concerns about Liu relate to his actions in regards to the Alito confirmation and what they indicate about his views and prospective judicial approach.

    It's also worth noting that the Dems stalled Kavanaugh's confirmation for almost three years. Are you saying that you think it would be fair for the Republicans to do the same here?
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    Re: Obama 9th Circuit Nominee: Constitution Must Adapt to Changes in the World

    Quote Originally Posted by RightinNYC View Post
    I'm doubtful as to whether this is a good nominee. He's got a decent background, but what exactly makes him qualified to be on the 9th Circuit? He has no judicial experience, has been a lawyer for exactly 12 years, and seems like more of an activist than an impartial arbiter of the law. 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.
    In reference to Alito, Alito is a judical activist and a Bush stooge. I do not believe he should have ever been allowed on the bench.

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

    Quote Originally Posted by Vader View Post
    In reference to Alito, Alito is a judical activist and a Bush stooge. I do not believe he should have ever been allowed on the bench.
    And if you'd testified to that effect before Congress, I wouldn't support your nomination to the 9th Circuit either. Fair?
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    Re: Obama 9th Circuit Nominee: Constitution Must Adapt to Changes in the World

    in the case of activists the constitution breathes, and it's always intentional

    constructionists imposing personal biases would be inadvertent
    Last edited by The Prof; 03-08-10 at 12:38 PM.

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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.
    good god........"unnatural ways of life"?

    is somebody forcing you to be "unnatural"? how does that work?

    Originally Posted by johnny_rebson:

    These are the same liberals who forgot how Iraq attacked us on 9/11.


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