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Thread: Can a supreme court ruling be unconstitutional?

  1. #101
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    Re: Can a supreme court ruling be unconstitutional?

    Quote Originally Posted by Groucho View Post
    Unconstitutional according to who?

    Oh, if only we had a panel of legal experts who could decide such things! A group of, say, nine such people who would have to be approved by the Senate first!
    I believe that impeachment requires 60 out of 100 senators.

  2. #102
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    Re: Can a supreme court ruling be unconstitutional?

    Quote Originally Posted by LiberalAvenger View Post
    Tom Paine made one of the best arguments about the constitution being a "living document" He said that if it was not a living document then we would be cursed with rule by the dead (words to that effect.

    Debate: Is the US Constitution a living document, which should change over time? - Helium
    The surest way to kill the constitution is to pretend it is a living document



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    Re: Can a supreme court ruling be unconstitutional?

    Quote Originally Posted by Groucho View Post
    I agree. We should get rid of that NYC Catholic Scalia.
    that is rather stupid given he, along with Roberts and ALito, is one of the three most intellectually gifted judges on the court. In fact most experts on the USSC rate him as one of the smartest ever. Clearly top ten



  4. #104
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    Re: Can a supreme court ruling be unconstitutional?

    Quote Originally Posted by TurtleDude View Post
    The surest way to kill the constitution is to pretend it is a living document


    I disagree. It has changed and will continue to change as our society and population does. It has to be able to grow with us or it is useless. Being a living document does not automatically make it a bad thing.
    Quote Originally Posted by Moot View Post
    Benjii likes the protests...he'd be largely irrelevant without them. So he needs to speak where he knows there will be protests against him and that makes him responsible for the protests.
    Quote Originally Posted by Absentglare View Post
    You can successfully wipe your ass with toilet paper, that doesn't mean that you should.

  5. #105
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    Re: Can a supreme court ruling be unconstitutional?

    Quote Originally Posted by Blackdog View Post
    I disagree. It has changed and will continue to change as our society and population does. It has to be able to grow with us or it is useless. Being a living document does not automatically make it a bad thing.
    I guess my definition differs from yours

    more than a few libs say that the constitution is a living document meaning it can be interpreted differently-WITHOUT AMENDMENTS-based on the current environment

    I think that is complete BS



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    Re: Can a supreme court ruling be unconstitutional?

    Quote Originally Posted by TurtleDude View Post
    I guess my definition differs from yours

    more than a few libs say that the constitution is a living document meaning it can be interpreted differently-WITHOUT AMENDMENTS-based on the current environment

    I think that is complete BS
    OK I see. Yea that is complete BS.
    Quote Originally Posted by Moot View Post
    Benjii likes the protests...he'd be largely irrelevant without them. So he needs to speak where he knows there will be protests against him and that makes him responsible for the protests.
    Quote Originally Posted by Absentglare View Post
    You can successfully wipe your ass with toilet paper, that doesn't mean that you should.

  7. #107
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    Re: Can a supreme court ruling be unconstitutional?

    Quote Originally Posted by Southern Man View Post
    I believe that impeachment requires 60 out of 100 senators.
    You believe wrong then.

  8. #108
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    Re: Can a supreme court ruling be unconstitutional?

    Quote Originally Posted by TurtleDude View Post
    I guess my definition differs from yours
    more than a few libs say that the constitution is a living document meaning it can be interpreted differently-WITHOUT AMENDMENTS-based on the current environment
    I think that is complete BS
    If you knew anything about Constitutional law and its history you'd know that the meaning has been interpreted differently since its creation without amendments in most cases.

    For example, segregation was once legal. In the 1896 case Plessy v. Ferguson the SCOTUS ruled that racial segregation did not violate the 14th Amendment specifically the equal protection clause as long as everything that was segregated was equal, hence the term "separate but equal" came into existence. However... in 1954 in the case of Brown vs Board of Education of Topeka the SCOTUS ruled that racial segregation was in fact unconstitutional because it violated the 14th Amendment, specifically the equal protection clause!

    There you have the exact same issue being fought over the definition of the exact same amendment and the exact same clause in the amendment but being ruled completely differently each time. That is proof if nothing else is that the Constitution is a living document and that the SCOTUS, acting in accordance with Article 3 of the Constitution, has the Supreme authority in its interpretation even if that may change from previous ones!

    There is more than one way to change the meaning of the Constitution besides actually amendments and there is a perfect, among many, example of one!

    Can I get an Amen brother!
    Last edited by Wiseone; 06-03-10 at 12:07 AM.

  9. #109
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    Re: Can a supreme court ruling be unconstitutional?

    Quote Originally Posted by Wiseone View Post
    If you knew anything about Constitutional law and its history you'd know that the meaning has been interpreted differently since its creation without amendments in most cases.

    For example, segregation was once legal. In the 1896 case Plessy v. Ferguson the SCOTUS ruled that racial segregation did not violate the 14th Amendment specifically the equal protection clause as long as everything that was segregated was equal, hence the term "separate but equal" came into existence. However... in 1954 in the case of Brown vs Board of Education of Topeka the SCOTUS ruled that racial segregation was in fact unconstitutional because it violated the 14th Amendment, specifically the equal protection clause!

    There you have the exact same issue being fought over the definition of the exact same amendment and the exact same clause in the amendment but being ruled completely differently each time. That is proof if nothing else is that the Constitution is a living document and that the SCOTUS, acting in accordance with Article 3 of the Constitution, has the Supreme authority in its interpretation even if that may change from previous ones!

    There is more than one way to change the meaning of the Constitution besides actually amendments and there is a perfect, among many, example of one!

    Can I get an Amen brother!
    The fact that I drive 75 on the thruway does not prove that the speed limit is 75.
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  10. #110
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    Re: Can a supreme court ruling be unconstitutional?

    Quote Originally Posted by RightinNYC View Post
    The fact that I drive 75 on the thruway does not prove that the speed limit is 75.
    The fact that you make meaningless and unconnected analogies instead of actually arguing law doesn't prove a thing either. But really maybe you'd like to make a better argument instead of pouting because you're wrong. And I'm only assuming you are disagreeing with my post because I really can't see even a slimmer of a point in your statement.

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