View Poll Results: How should Constitutional questions be defined/interpreted?

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  • By what was written in the Constitution.

    1 12.50%
  • By what the writers meant when they wrote the Constitution.

    1 12.50%
  • Both, what they wrote and the deeper meaning based on other comments and writings.

    6 75.00%
  • Either/or, based on what my own bias says depending on which debate I'm in at the moment.

    0 0%
  • The lean of the Supreme Court at any given moment.

    0 0%
  • Other. (Please explain)

    0 0%
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Thread: How should Constitutional question be defined/interpreted?

  1. #11
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    USViking's Avatar
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    Re: How should Constitutional question be defined/interpreted?

    Quote Originally Posted by ttwtt78640 View Post
    That addresses only the separation of powers within the federal government itself...
    Incorrect. You seem to have missed a part, somehow. Here it is again:

    The Constitution means what the Supreme Court says it means.

    Quote Originally Posted by ttwtt78640 View Post
    but does little (or nothing) to preserve the power (constitutional rights?) of the citizens or of the states which are often said, by the federally appointed court alone, to lack "standing' to file suit in that (or any) federal court.
    The "power (constitutional rights)" of the citizens and the states are what the Supreme Court says they are, Bub.
    The Constitution does give Congress the authority to curtail powers not spelled out explicitly in the Constitution,
    but I have never heard a case where Congress did so, and I wonder if there has ever been such a case, a major case,
    in the nation's history. Why I do not know, given the perpetual screeching that is directed at the Federal Courts
    from the Right, from the Left, and and from the Center.

  2. #12
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    Re: How should Constitutional question be defined/interpreted?

    Quote Originally Posted by USViking View Post
    Incorrect. You seem to have missed a part, somehow. Here it is again:

    The Constitution means what the Supreme Court says it means.

    The "power (constitutional rights)" of the citizens and the states are what the Supreme Court says they are, Bub.
    The Constitution does give Congress the authority to curtail powers not spelled out explicitly in the Constitution,
    but I have never heard a case where Congress did so, and I wonder if there has ever been such a case, a major case,
    in the nation's history. Why I do not know, given the perpetual screeching that is directed at the Federal Courts
    from the Right, from the Left, and and from the Center.
    The SCOTUS often refuses to even rule on such basic constitutional matters as "the right of the people to keep and bear arms shall not be infringed". The existance of "may issue" handgun carry permits by the (state) government is clearly seen as an infringement of the right to bear arms despite the fact that the federal gov't has no law denying my right to keep (own) one. What use is merely keeping a handgun that may not be legally carried for personal defense? One's individual constitutional rights surely must exist outside of their home or they are of little value at all.

    Supreme Court declines to review New Jersey

    If nothing compels the SCOTUS to make a ruling on a constitutional question (matter?) then the constitution means whatever a legislature passes is the law of the land and may not be challenged.
    “The reasonable man adapts himself to the world: the unreasonable one persists to adapt the world to himself.
    Therefore all progress depends on the unreasonable man.” ― George Bernard Shaw, Man and Superman

  3. #13
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    Re: How should Constitutional question be defined/interpreted?

    Quote Originally Posted by ttwtt78640 View Post
    The SCOTUS often refuses to even rule on such basic constitutional matters as "the right of the people to keep and bear arms shall not be infringed". The existance of "may issue" handgun carry permits by the (state) government is clearly seen as an infringement of the right to bear arms despite the fact that the federal gov't has no law denying my right to keep (own) one...

    Supreme Court declines to review New Jersey
    Quote Originally Posted by ttwtt78640 View Post
    What use is merely keeping a handgun that may not be legally carried for personal defense?...
    Being able to use it in your home strikes me as a lot better than being able to use it nowhere.

    And sorry- The SC has ruled and you must comply if you live in NJ: it is up the SC how much difference to allow the states.



    Quote Originally Posted by ttwtt78640 View Post
    One's individual constitutional rights surely must exist outside of their home or they are of little value at all.
    Hm- so it is of no value being able to beat your meat inside your home unless you can also beat it on any old park bench? Hm.



    Quote Originally Posted by ttwtt78640 View Post
    If nothing compels the SCOTUS to make a ruling on a constitutional question (matter?)...
    The SC has original jurisdiction (look it up) in only very few situations. Otherwise it is an appeals court with complete freedom the choose what appeals to hear and what appeals not to hear.



    Quote Originally Posted by ttwtt78640 View Post
    then the constitution means whatever a legislature passes is the law of the land and may not be challenged.
    The NJ law was challenged. By refusing to hear the case the SC ruled in favor of the state (it sure as hell does not always do so!). The challengers lost. Tough. Move to Georgia if you can't live with it, *ssholes.

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