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

Voters
78. You may not vote on this poll
  • 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%
Page 25 of 30 FirstFirst ... 152324252627 ... LastLast
Results 241 to 250 of 291

Thread: The Constitution: Does Original Intent Still Matter?

  1. #241
    Banned
    Join Date
    Sep 2005
    Location
    Los Angeles
    Last Seen
    09-22-10 @ 04:36 AM
    Gender
    Lean
    Independent
    Posts
    11,430

    Re: The Constitution: Does Original Intent Still Matter?

    Quote Originally Posted by Goobieman View Post
    I did:
    ...those that disagree are those most interested in not bothering with amending it in order to do sometihng they want to do.
    Because what they want to do can't pass the Amendming process, so they cheat.

  2. #242
    Banned Goobieman's Avatar
    Join Date
    Feb 2006
    Last Seen
    03-22-15 @ 02:36 PM
    Gender
    Lean
    Very Conservative
    Posts
    17,343

    Re: The Constitution: Does Original Intent Still Matter?

    Quote Originally Posted by Scarecrow Akhbar View Post
    The silly idea of the socialists that the "General Welfare" clause is a blank check has no merit.
    If the argument behind that sentiment were valid, then there's be no need for Article I section 8 to contain any clauses other than the first and the last.

    The inclusion of the 16 other clauses, clauses that illustrate what was meant by "general welfare" and "common defense", negates that argument.

  3. #243
    Enemy Combatant
    Kandahar's Avatar
    Join Date
    Jul 2005
    Location
    Washington, DC
    Last Seen
    10-15-13 @ 08:47 PM
    Gender
    Lean
    Liberal
    Posts
    20,688

    Re: The Constitution: Does Original Intent Still Matter?

    Quote Originally Posted by Goobieman View Post
    As I said, and as no one has commented:

    The people that wrote the constitution wrote what they wrote for good reason. As such, their intent matters considerably as their the logic and reasoning is the basis for the structure of the document and the context for everything in it.
    I didn't ask you to prove that it's important. I asked HOW you plan to determine that.

    Quote Originally Posted by Goobieman
    The exact details of this do not have to have universal acceptance among the people that put the Constitution together for that to stand.
    So you're basing your view of original intent off the handful of people who wrote specifically about any given issue? How do you know they even represent the majority of the ratifiers? No elected official is under any obligation to explain WHY they vote for anything.

    And once again, why would the Founding Fathers include phrases like "cruel and unusual punishment" if they wanted us to use THEIR interpretation, and if there was some consensus among them what that term meant? Why not just spell it out? For that matter, why not just explicitly state in the Constitution that it should be followed with the original intent in mind?
    Are you coming to bed?
    I can't. This is important.
    What?
    Someone is WRONG on the internet! -XKCD

  4. #244
    Enemy Combatant
    Kandahar's Avatar
    Join Date
    Jul 2005
    Location
    Washington, DC
    Last Seen
    10-15-13 @ 08:47 PM
    Gender
    Lean
    Liberal
    Posts
    20,688

    Re: The Constitution: Does Original Intent Still Matter?

    Quote Originally Posted by Scarecrow Akhbar View Post
    You read what they wrote.

    BOTH Alexander Hamilton and James Madison stated that the Constitution granted SPECIFIC and ENUMERATED powers to Congress, beyond which the Congress was not permitted to trespass.
    And are Alexander Hamilton and James Madison an accurate representation of anyone other than Alexander Hamilton and James Madison? Other people signed the Constitution who DON'T appear on money, you know.

    Quote Originally Posted by Scarecrow Akhbar
    The silly idea of the socialists that the "General Welfare" clause is a blank check has no merit.
    And the silly idea of the originalists that the existence of the Ninth Amendment isn't an explicit rebuke of that view has no merit.
    Are you coming to bed?
    I can't. This is important.
    What?
    Someone is WRONG on the internet! -XKCD

  5. #245
    Filmmaker Lawyer Patriot
    Harshaw's Avatar
    Join Date
    Oct 2005
    Last Seen
    Today @ 09:59 PM
    Lean
    Libertarian - Right
    Posts
    29,532

    Re: The Constitution: Does Original Intent Still Matter?

    Quote Originally Posted by Kandahar View Post
    For that matter, why not just explicitly state in the Constitution that it should be followed with the original intent in mind?
    They did so, by writing it down.
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

  6. #246
    Filmmaker Lawyer Patriot
    Harshaw's Avatar
    Join Date
    Oct 2005
    Last Seen
    Today @ 09:59 PM
    Lean
    Libertarian - Right
    Posts
    29,532

    Re: The Constitution: Does Original Intent Still Matter?

    Quote Originally Posted by Kandahar View Post
    And the silly idea of the originalists that the existence of the Ninth Amendment isn't an explicit rebuke of that view has no merit.
    "Rebuke" of what?
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

  7. #247
    Enemy Combatant
    Kandahar's Avatar
    Join Date
    Jul 2005
    Location
    Washington, DC
    Last Seen
    10-15-13 @ 08:47 PM
    Gender
    Lean
    Liberal
    Posts
    20,688

    Re: The Constitution: Does Original Intent Still Matter?

    Quote Originally Posted by Harshaw View Post
    They did so, by writing it down.
    Nowhere in the Constitution does it say that the Founding Fathers expected future generations to follow their original intent. You'd think that with so many brilliant legal minds, someone might have thought to write that down if it was the consensus view. Kind of an important point to forget.
    Are you coming to bed?
    I can't. This is important.
    What?
    Someone is WRONG on the internet! -XKCD

  8. #248
    Enemy Combatant
    Kandahar's Avatar
    Join Date
    Jul 2005
    Location
    Washington, DC
    Last Seen
    10-15-13 @ 08:47 PM
    Gender
    Lean
    Liberal
    Posts
    20,688

    Re: The Constitution: Does Original Intent Still Matter?

    Quote Originally Posted by Harshaw View Post
    "Rebuke" of what?
    A rebuke of the idea that people have only the rights enumerated in the Constitution (and its corollary: that government has the power to infringe on non-enumerated rights if their actions relate to an enumerated power of government). I don't know how many times I've heard someone claim that there's no right to privacy, using the reasoning that it isn't explicitly mentioned in the Constitution and therefore doesn't exist.
    Last edited by Kandahar; 10-27-09 at 07:48 PM.
    Are you coming to bed?
    I can't. This is important.
    What?
    Someone is WRONG on the internet! -XKCD

  9. #249
    Filmmaker Lawyer Patriot
    Harshaw's Avatar
    Join Date
    Oct 2005
    Last Seen
    Today @ 09:59 PM
    Lean
    Libertarian - Right
    Posts
    29,532

    Re: The Constitution: Does Original Intent Still Matter?

    Quote Originally Posted by Kandahar View Post
    Nowhere in the Constitution does it say that the Founding Fathers expected future generations to follow their original intent. You'd think that with so many brilliant legal minds, someone might have thought to write that down if it was the consensus view. Kind of an important point to forget.
    Dude, the whole point of a written constitution in the first place is to solidify things.

    (Nowhere in the Constitution does it say "read these words, o ye future Generations, in the light deemed most Favorable to your current whims" either.)
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

  10. #250
    Enemy Combatant
    Kandahar's Avatar
    Join Date
    Jul 2005
    Location
    Washington, DC
    Last Seen
    10-15-13 @ 08:47 PM
    Gender
    Lean
    Liberal
    Posts
    20,688

    Re: The Constitution: Does Original Intent Still Matter?

    Quote Originally Posted by Harshaw View Post
    Dude, the whole point of a written constitution in the first place is to solidify things.
    The Founding Fathers were not idiots. The debate between "originalist" versus "living" interpretations of law predate the Constitution. If there was a consensus among them about how the Constitution should be interpreted, they certainly would have mentioned it in the document.

    Quote Originally Posted by Harshaw
    (Nowhere in the Constitution does it say "read these words, o ye future Generations, in the light deemed most Favorable to your current whims" either.)
    So it doesn't say either way. And therefore its absence is open to interpretation.
    Are you coming to bed?
    I can't. This is important.
    What?
    Someone is WRONG on the internet! -XKCD

Page 25 of 30 FirstFirst ... 152324252627 ... LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •