View Poll Results: Are you a Literal Constitutionalist?

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    51 60.71%
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Thread: Are you a Literal Constitutionalist?

  1. #31
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    Re: Are you a Literal Constitutionalist?

    Quote Originally Posted by conservativeguy View Post
    BS....you pulled that one out of your arse. Strict Constitutionalists constantly look to the Federalists
    Papers and other documents to make certain they clearly understand the intent of the Founding Fathers. Liberals ignore those documents and claim the Constitution is living document that must be interpreted based on what feels good today and not what the FF wanted. You could not be more wrong with your failed attempt to bash conservative judges.
    Every constitutional lawyer/judge makes use of the Federalist Papers, the same way everybody quotes other academics in academic journals. It's an industry standard not related to ideology. In theory, strict Constitutionalists only differ from other judges in that they tend to address new realities and challenges to the law as minimally as possible. A judge with other sensibilities wouldn't see such "judicial minimalism" as much as a priority as providing a society that fits his/her notion of what different legal, political, cultural, and 'philosophical' factors are "supposed to make" the United States.
    Last edited by Morality Games; 12-07-11 at 04:53 PM.
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  2. #32
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    Re: Are you a Literal Constitutionalist?

    Quote Originally Posted by Tigger View Post
    Yes I do have some magic wands to wave. Quite a few, as do many of the other who agree with me. They come in a number of different flavors.....

    9mm, .45ACP, .40S&W, 5.56mm NATO, 7.62mm NATO, etc....
    People like you should not be allowed to have weapons.

  3. #33
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    Re: Are you a Literal Constitutionalist?

    Quote Originally Posted by DrunkenAsparagus View Post
    I think that we should interpret the Constitution to be pretty close to the original or literal meaning. There is some leeway, and if we interpreted everything literally, there are still somethings that have multiple meanings. I think that laws should be consistent with what the amendment is trying to do. There is still some subjectivity. That will never be eliminated from jurisprudence, or else judges wouldn't be necessary. However, I feel that a lot of people use the constitution to support rights that don't appear anywhere in the document, use meanings that almost no one applies, or blatantly contradict what the text says. Interpretation is important. For instance, Moby Dick is not just about some guy who is pissed off at a whale, but it's also not about something like women's rights or how to drive a car. This is not to say that the law is as open to interpretation as a fictional work. The law has some room for interpretation like literature, but the entire concept of the rule of law is based upon clear rules. The law has some leeway, but if the Founders wanted the government to be able to pass any statute it wanted, they could have simply copied the UK. The constitution there simply consists of whatever statutes are on the book. The Founders chose not to.
    Words are almost as difficult to interpret as a fictional work. Our experiences are different today than they were a two hundred years ago, and it is next to impossible to see things through two hundred year old eyes. We don't have a citizen army for example, so the meaning behind the 2nd amendment means something different to people today than it did then. And two hundred years from now, no one around will know whay we saw things the way we did.

    Yes, we should seek meaning, seek trying to figure out what a law intended and how it fits with the reality we live into today. But the nature of labnguage and people means there will be disagreement, as there is with any interpretation of any kind.

    AUSTAN GOOLSBEE: I think the world vests too much power, certainly in the president, probably in Washington in general for its influence on the economy, because most all of the economy has nothing to do with the government.

  4. #34
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    Re: Are you a Literal Constitutionalist?

    Quote Originally Posted by Kal'Stang View Post
    Simple question. Are you a Literal Constitutionalist? IE Someone that believes in interpreting the US Constitution in a literal word for word way and leaving out the Spirit of the Law.

    Poll is open.
    It is a written form of communication, so the first step is to understand the literal meaning. Once the literal meaning is understood, it is possible to properly apply the spirit of the law.

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    Re: Are you a Literal Constitutionalist?

    Quote Originally Posted by Cephus View Post
    Yeah, and let me know when you, armed with whatever you want, makes the citizens of this country vote any differently.
    Who's talking about voting as a way to change things?


    Quote Originally Posted by Morality Games View Post
    That disposition is usually termed 'spiritual desolation'.

    Considering history (God, destiny, chance, take your pick) gave it us to enjoy a much better life than the overwhelming majority of the human race that came before us, the least we can do is honor the gift by returning a bit of the humanism that spurred and maintained it, from before the Revolution.

    Unless you are under the continual threat of being dipped in tar, crucified, and set on fire, in addition to starving, having worms, and continual exposure to the elements, I don't think you have much to complain about. Life in a modern democracy is a little too generous for chomping at the bit for war and revolution to seem like anything besides narcissism on steroids.
    You have to realize that my preference would be to go back to that tarring and feathering, drawing and quartering, pillarying day and age.


    Quote Originally Posted by Aderleth View Post
    Delusional, obviously. I'm pretty sure I've made it clear before that I think you're completely out of your entire goddamn mind. This is yet another example of that.
    Then obviously we have nothing more to discuss on this or any other topic. Welcome to the Ignore List. We've gotta be getting close to 40 members there now.


    Quote Originally Posted by theplaydrive View Post
    People like you should not be allowed to have weapons.
    I would suggest it's actually the other way around. Anyone who self-identifies as a Liberal or who has ever voted for a Democrat should be disallowed from owning firearms.

  6. #36
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    Re: Are you a Literal Constitutionalist?

    You have to realize that my preference would be to go back to that tarring and feathering, drawing and quartering, pillarying day and age.
    To your notion of what it was 'really' like and about, maybe. The reality has nothing attractive about it, so any assertion one would like to 'go back to it' is lacking in credibility.
    Last edited by Morality Games; 12-07-11 at 06:28 PM.
    If you notice something good in yourself, give credit to God, not to yourself, but be certain the evil you commit is always your own and yours to acknowledge.

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  7. #37
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    Re: Are you a Literal Constitutionalist?

    Quote Originally Posted by Tigger View Post
    I would suggest it's actually the other way around. Anyone who self-identifies as a Liberal or who has ever voted for a Democrat should be disallowed from owning firearms.
    The ability of someone to own guns has nothing to do with political persuasion. It has to do with sanity and good judgment. You appear to have neither.

  8. #38
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    Re: Are you a Literal Constitutionalist?

    Quote Originally Posted by Tigger View Post
    Then obviously we have nothing more to discuss on this or any other topic. Welcome to the Ignore List. We've gotta be getting close to 40 members there now.
    No worries. I say this with no rancor, but I haven't had any illusions about having a serious conversation with you for quite a long time. I'm still not entirely convinced that you haven't just invented the personality you use on this site.

  9. #39
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    Re: Are you a Literal Constitutionalist?

    Quote Originally Posted by Morality Games View Post
    To your notion of what it was 'really' like and about, maybe. The reality has nothing attractive about it, so any assertion one would like to 'go back to it' is lacking in credibility.
    As a student of history I am more than well aware of what the reality of that time period was. I'd have been dead at age 4 if not killed at birth by the midwife. I understand that it would not be a pleasant situation, but I believe it would be better than what we have now.

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    Re: Are you a Literal Constitutionalist?

    Quote Originally Posted by Morality Games View Post
    Every constitutional lawyer/judge makes use of the Federalist Papers, the same way everybody quotes other academics in academic journals. It's an industry standard not related to ideology. In theory, strict Constitutionalists only differ from other judges in that they tend to address new realities and challenges to the law as minimally as possible. A judge with other sensibilities wouldn't see such "judicial minimalism" as much as a priority as providing a society that fits his/her notion of what different legal, political, cultural, and 'philosophical' factors are "supposed to make" the United States.
    Which Federalist Paper was cited in Roe V. Wade?
    I love the smell of burning moonbat in the morning.

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