View Poll Results: Are you a Literal Constitutionalist?

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  • Yes.

    51 60.71%
  • No.

    33 39.29%
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Thread: Are you a Literal Constitutionalist?

  1. #41
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    Re: Are you a Literal Constitutionalist?

    Quote Originally Posted by Tigger View Post
    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.
    Awareness of facts of history isn't awareness of the essence of history or the nature and limits of the human will. The notion we would be 'better off' is inherently, given the context of our lives, not credible.

    Saying you would rather be dead at 4 when you grew up with the convenience of supermarkets, malls, and when you now enjoy technology and entertainment on the level of the Internet, is meaningless.

    The very nature of modern existence, for all of its good points and bad points, makes Social Darwinist opinions ridiculous to hold or maintain; as you as you belong to modern existence, and not some other phase of history, that will be the case.
    Last edited by Morality Games; 12-07-11 at 06:41 PM.
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  2. #42
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    Re: Are you a Literal Constitutionalist?

    Quote Originally Posted by Morality Games View Post
    Awareness of facts of history isn't awareness of the essence of history or the nature and limits of the human will. The notion we would be 'better off' is inherently, given the context of our lives, not credible. It's a self-indulgent fancy.
    Then apparently we have no basis for conversation, do we?

  3. #43
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    Re: Are you a Literal Constitutionalist?

    Quote Originally Posted by LaMidRighter View Post
    The ninth and tenth amendments:
    Should be restored fully in prominence to reign in the federal government encroachment on state's rights, this would solve thousands if not millions of problems on the local, state, and federal level.
    I would love it if the ninth were used as a check against the reductions in the rights to privacy, attempts to regulate sexuality, the enforcement of religious ideas on those who do not belong to that religion. The ninth amendment basically just says that we have rights beyond those enumerated in the bill of rights.

    The tenth amendment, however, has never ever ever ever been used to prevent the federal government from exercising a power. It just says that the states get to do anything that doesn't contradict the federal government. It has been specifically held by the supreme court to work this way on several occasions.
    Liberté. Égalité. Fraternité.

  4. #44
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    Re: Are you a Literal Constitutionalist?

    I would say yes I am going against what some have been saying here. I think it is written pretty plainly but you need to know the meanings of the words that were used at the time of it's writing. This is easy enough using a dictionary from the 1800's. So those who say it can't be interpreted that way are those who most likely also think it is a living document that needs to be changed. I don't feel it needs to be changed, it needs to be followed, period.

    We have spent more time reinterpreting it and trying to do end runs around it that I don't think most even have a clue as far as the spirit or actual law in concerned.
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  5. #45
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    Re: Are you a Literal Constitutionalist?

    Quote Originally Posted by Tigger View Post
    Then apparently we have no basis for conversation, do we?
    Only in the sense we're off topic.
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  6. #46
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    Re: Are you a Literal Constitutionalist?

    The original US Constitution was written and ratified to promote the best interests of one group, and one group only - prosperous white males. No other group was represented, or even allowed to vote until after the Civil War.

    If the Constitution were the perfect document, there would have been no need for amendments.
    Last edited by jgarden47; 12-07-11 at 07:04 PM.

  7. #47
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    Re: Are you a Literal Constitutionalist?

    Quote Originally Posted by whysoserious View Post
    No. First of all, I am not sure it is even possible to be a literal Constitutionalist - as anything written requires interpretation, and almost any text can be interpreted differently. Secondly, when interpreting writing, intent has to be taken into consideration, and anyone who is a strict Constitutionalist fails on that front.
    Intent is how you interpret the text. That's why it's called "Original Intent".

  8. #48
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    Re: Are you a Literal Constitutionalist?

    Quote Originally Posted by Blackdog View Post
    I would say yes I am going against what some have been saying here. I think it is written pretty plainly but you need to know the meanings of the words that were used at the time of it's writing. This is easy enough using a dictionary from the 1800's. So those who say it can't be interpreted that way are those who most likely also think it is a living document that needs to be changed. I don't feel it needs to be changed, it needs to be followed, period.

    We have spent more time reinterpreting it and trying to do end runs around it that I don't think most even have a clue as far as the spirit or actual law in concerned.
    I think that is largely your interpretation. Am I susprised some interpret it differently? No.

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  9. #49
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    Re: Are you a Literal Constitutionalist?

    Quote Originally Posted by cpwill View Post
    Intent is how you interpret the text. That's why it's called "Original Intent".
    YOu must know original intent, and how to deal with what happens when original intent no longer applies in the world we live in.

    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.

  10. #50
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    Re: Are you a Literal Constitutionalist?

    Quote Originally Posted by jgarden47 View Post
    The original US Constitution was written and ratified to promote the best interests of one group, and one group only - prosperous white males. No other group was represented, or even allowed to vote until after the Civil War.
    that is incorrect - blacks voted in several early states. but of course your public education never taught you that .

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