View Poll Results: Does the original intent still matter when discussing the Constitution?

Voters
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  • Yes. We should strictly follow both the letter and spirit of the original intent.

    28 35.90%
  • Yes. We should follow the original principles and then apply them as new issues arise.

    21 26.92%
  • Yes. The original intent of the Constition is important, but other factors must be considered.

    15 19.23%
  • No. The Constitution is a guiding set of principles that we can interrpret to fit our current needs.

    10 12.82%
  • Other

    4 5.13%
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Thread: The Constitution: Does Original Intent Still Matter?

  1. #221
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    Re: The Constitution: Does Original Intent Still Matter?

    Quote Originally Posted by Psychoclown View Post
    No response from our supporters of judicial activism? I was looking forward to hearing what their thoughts were.
    judicial activism is just a term used by those that don't care for the decision. you are governed by laws not by democratic policy. a judge is to lay aside feelings and interpret the law not listen you your one voice crying out or the many voices crying out.
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  2. #222
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    Re: The Constitution: Does Original Intent Still Matter?

    Quote Originally Posted by Kandahar View Post
    You proved his point well.
    ?
    The post I responded to was a requestion for information.
    What point did -you- see?
    Last edited by Goobieman; 10-26-09 at 01:55 PM.

  3. #223
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    Re: The Constitution: Does Original Intent Still Matter?

    Quote Originally Posted by katiegrrl0 View Post
    judicial activism is just a term used by those that don't care for the decision. you are governed by laws not by democratic policy. a judge is to lay aside feelings and interpret the law not listen you your one voice crying out or the many voices crying out.
    No.

    "Judicial activism" is the term used for judges imposing pre-conceived goals upon cases without any foundation in the Constitution.

    Roe v Wade is an example.

  4. #224
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    Re: The Constitution: Does Original Intent Still Matter?

    Quote Originally Posted by Goobieman View Post
    ?
    The post I responded to was a requestion for information.
    What point did -you- see?
    That it's difficult or impossible to discern the original intent of the Constitution, as the people who ratified it were not a monolithic entity.
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  5. #225
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    Re: The Constitution: Does Original Intent Still Matter?

    Quote Originally Posted by Kandahar View Post
    That it's difficult or impossible to discern the original intent of the Constitution, as the people who ratified it were not a monolithic entity.
    When did he make that point?

  6. #226
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    Re: The Constitution: Does Original Intent Still Matter?

    Quote Originally Posted by Goobieman View Post
    When did he make that point?

    I assume he wasn't just asking that question for no reason.
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  7. #227
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    Re: The Constitution: Does Original Intent Still Matter?

    Quote Originally Posted by Kandahar View Post

    I assume he wasn't just asking that question for no reason.
    Me too -- that he was looking for information.

  8. #228
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    Re: The Constitution: Does Original Intent Still Matter?

    Quote Originally Posted by Goshin View Post
    The rifleman is not irrelevant to modern warfare; ultimately, when the bombers and cruise missles have stopped flying, all ground is taken and held by the rifleman. Bombers, missles and so on can be countered to a large degree by 4th Generation Warfare methods. The existence of a citizen militia is a deterrent to tyranny and invasion still. The Afgani Mujahadeen kept the Russian Army in a mess for many years with little more than rifles, a few support weapons, and guerilla tactics.

    G.
    Well stated... all we need to do is to look at Vietnam as a prime example of this.
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  9. #229
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    Re: The Constitution: Does Original Intent Still Matter?

    Quote Originally Posted by Scarecrow Akhbar View Post
    Roe v Wade is an example.
    The decision in Roe v. Wade actually hid behind the strict letter of the constitution to avoid dealing with the trickier question of when life begins. Their ruling rested on the argument that the question of whether a fetus is alive or not is constitutionally outside of their sphere of authority to decide. However, the constitution defines a citizen very clearly as a person who is born or naturalized into the US. Since a fetus has been neither, it is not constitutionally protected. So, they ruled that constitutionally they can look only at the rights of the mother, which clearly are being infringed upon without due process.

    How can you feel that that was judicial activism? It's almost the opposite of judicial activism... Instead of rule on the substance of the issue they just stuck to a narrow interpretation of the letter of the law in the constitution. That's what you say you want them to do, right?
    Last edited by teamosil; 10-27-09 at 03:16 AM.

  10. #230
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    Re: The Constitution: Does Original Intent Still Matter?

    Quote Originally Posted by Goobieman View Post
    What do YOU see as the limit, and how does that limit jive with established precedent?
    Still looking for a response...

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