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Thread: Chief justice urges progress naming judges

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    Re: Chief justice urges progress naming judges

    Quote Originally Posted by X Factor View Post
    I think what he meant was the way to adapt the Constitution is through properly amending it, not through activist interpretation.
    I know what he meant, he just needs to learn a lesson, that's all...
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    Re: Chief justice urges progress naming judges

    Quote Originally Posted by X Factor View Post
    We haven't been able to take it back in 30 years. This is why we want people on the bench who interpret what the Constitution actually says, not what they think the founding fathers meant to "imply".
    Agreed, judical activism is a big cluster****, IMO
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  3. #103
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    Re: Chief justice urges progress naming judges

    Quote Originally Posted by GPS_Flex View Post
    I couldn't disagree more. “Legislating from the bench” occurs when a court overreaches its Article III constitutional authority and creates law. Do you deny this occurs?
    Rarely at most. It is still a code phrase for an interpretation you disagree with. It is used most by those who understand the rulings least as well.
    We became a great nation not because we are a nation of cynics. We became a great nation because we are a nation of believers - Lindsey Graham

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  4. #104
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    Re: Chief justice urges progress naming judges

    Quote Originally Posted by Dezaad View Post
    I still like my system better, but considering your system: I believe there ought to be consensus of the people about nominees. The presidency alone is not an office best representative of the consensus. I would prefer a system which requires a consensus which does not default to the power devolving to a partisan, namely the president. That is really the root of the problem being addressed here. Your solution, while solving the problem of facilitating appointment for it's own sake, at the same time increases the partisanship. Can you think of a way to avoid this, in the context of your suggestion?

    As it stands, I don't see your suggestion as doing anything at all to restore confidence in the Judiciary.
    It's not meant to restore confidence in the judiciary. Rather, it's meant to force Congress to man the **** up and do their jobs. And if they don't because of partisan bickering, then it'll go to the President to do their jobs for them. And if the President does becomes the one to appoint certain seats, then it's not his fault - it's Congress' fault for not doing their jobs.
    Also, we need to legalize recreational drugs and prostitution.

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    Re: Chief justice urges progress naming judges

    Quote Originally Posted by GPS_Flex View Post
    No and no. The constitution isn’t vague, it just isn’t being amended and updated as often as it should be. Do you have a credible source for these “founding father intentions”?

    It isn’t an evolving document either, except for the evolutions resulting from amendments.
    Of course it is evolving, and has evolved since it was written.
    We became a great nation not because we are a nation of cynics. We became a great nation because we are a nation of believers - Lindsey Graham

    Quote Originally Posted by Fiddytree View Post
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    Re: Chief justice urges progress naming judges

    Quote Originally Posted by jamesrage View Post
    I want judges who will not reinterpret the laws and constitution based on their political beliefs.They should only literally interpret the laws and the constitution based on the views of those who wrote the laws and constitution. So that clearly means nobody who thinks the constitution is a living document that can be "reinterpreted" instead of going through the amendment process to add,remove or restrict rights.So that clearly means no liberal judges.
    What reinterpretations are you referring to? Be specific please.
    We became a great nation not because we are a nation of cynics. We became a great nation because we are a nation of believers - Lindsey Graham

    Quote Originally Posted by Fiddytree View Post
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  7. #107
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    Re: Chief justice urges progress naming judges

    Quote Originally Posted by samsmart View Post
    It's not meant to restore confidence in the judiciary. Rather, it's meant to force Congress to man the **** up and do their jobs. And if they don't because of partisan bickering, then it'll go to the President to do their jobs for them. And if the President does becomes the one to appoint certain seats, then it's not his fault - it's Congress' fault for not doing their jobs.
    I guess I think it is more important to restore confidence than to see appointments simply accomplished... No matter who we can blame. I'd like to see a self regulating system that increases more people's confidence that judges are interpreting the law with less partisanship. The founders envisioned a weaker, non-partisan executive and failed in both aims. We should adjust the system according to the reality, while not exacerbating the current problems.
    You can never be safe from a government that can keep you completely safe from each other and the world. You must choose.

  8. #108
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    Re: Chief justice urges progress naming judges

    Quote Originally Posted by Bodhisattva View Post
    the BOR evolves... yeah, got it. And why did you say no to me then, eh? How does what I say merit your no when you go on to say what I said almost word for word, top that off with your near contradiction and we aren't gettin' very far, are we.
    It’s pretty simple actually. You said:
    It was intended to be an evolving document that is why there is so much room for interpretation... the BOR especially
    Your definition of “evolve”, as it relates to the constitution, is wrong if you think it was left intentionally vague to allow for liberal interpretations thereof. Why would the founders provide for amendments to the constitution if they intended to give judges the power to amend it?

    "Too often we enjoy the comfort of opinion without the discomfort of thought."
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    Quote Originally Posted by Montecresto View Post
    It would seem that the constitution is just a god damn piece of paper, to be trotted out when expedient.

  9. #109
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    Re: Chief justice urges progress naming judges

    Quote Originally Posted by Redress View Post
    Of course it is evolving, and has evolved since it was written.
    Only through amendments. The only legal evolution of the constitution that has occured has been through the amendment process.

    "Too often we enjoy the comfort of opinion without the discomfort of thought."
    John F. Kennedy
    Quote Originally Posted by Montecresto View Post
    It would seem that the constitution is just a god damn piece of paper, to be trotted out when expedient.

  10. #110
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    Re: Chief justice urges progress naming judges

    Quote Originally Posted by Redress View Post
    What reinterpretations are you referring to? Be specific please.
    Roe v wade comes to mind

    "Too often we enjoy the comfort of opinion without the discomfort of thought."
    John F. Kennedy
    Quote Originally Posted by Montecresto View Post
    It would seem that the constitution is just a god damn piece of paper, to be trotted out when expedient.

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