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Thread: Is it Constitutional?

  1. #1
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    Is it Constitutional?

    1. Watch the clip.



    2. Take the poll.


    P.S. I know it's a hypothetical question and I know Kagan said she doesn't think the court should strike down laws because they're senseless (). That's not the question.
    Last edited by Ockham; 06-30-10 at 04:09 PM.
    I think if Thomas Jefferson were looking down, the author of the Bill of Rights, on whats being proposed here, hed agree with it. He would agree that the First Amendment cannot be absolute. - Chuck Schumer (D). Yet, Madison and Mason wrote the Bill of Rights, according to Sheila Jackson Lee, 400 years ago. Yup, it's a fact.


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    Re: Is it Constitutional?

    She also claims it's okay to have a law on banning books because it will never really be enforced.


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    Re: Is it Constitutional?

    Quote Originally Posted by Mellie View Post
    She also claims it's okay to have a law on banning books because it will never really be enforced.
    A truly confusing person and with equally confusing views...
    I think if Thomas Jefferson were looking down, the author of the Bill of Rights, on whats being proposed here, hed agree with it. He would agree that the First Amendment cannot be absolute. - Chuck Schumer (D). Yet, Madison and Mason wrote the Bill of Rights, according to Sheila Jackson Lee, 400 years ago. Yup, it's a fact.


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    Re: Is it Constitutional?

    Interesting clip. Did Kagan ever answer the question? I know a 1 minute clip can sometimes be taken out of context. And did she seriously say it was OK to ban books? I didn't expect that I'd agree with Kagan on questions of the scope of federal authority, but now I'm wondering if she believes there should be ANY limits to federal authority.
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    Re: Is it Constitutional?

    Quote Originally Posted by Mellie View Post
    She also claims it's okay to have a law on banning books because it will never really be enforced.
    I would like to see the quote. Because if she did say something like that, I'm surprised she has made it this far. That type of language is quite scary.

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    Re: Is it Constitutional?

    Quote Originally Posted by Ockham View Post
    A truly confusing person and with equally confusing views...
    Yep. She also can't seem to (or refuses to) pinpoint her political views as "progressive". She clearly is one, but she just won't admit it.


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    Re: Is it Constitutional?

    Does anyone have a link to an article giving the entire exchange in context?

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    Re: Is it Constitutional?

    Quote Originally Posted by Your Star View Post
    I would like to see the quote. Because if she did say something like that, I'm surprised she has made it this far. That type of language is quite scary.
    It's not just a quote - it was a review in front of the SCOTUS, and it's about as clear as mud. What I could tell from all of this is, Kagan said "yes", books could be banned but never have been... and they haven't been because clear advocacy is not common as a "whole" in books. I got this issue to be more of a attorney excercise in how laws are applied and the scope, rather than operationally are applied. The issue with this is, there's always a loophole opening.

    Here's the actual SCOTUS exchange verbatim (NY Sun)
    Would Kagan Ban Books? - May 14, 2010 - The New York Sun

    Here's WND take on it
    Kagan: Yes, government <i>can</i> ban books
    I think if Thomas Jefferson were looking down, the author of the Bill of Rights, on whats being proposed here, hed agree with it. He would agree that the First Amendment cannot be absolute. - Chuck Schumer (D). Yet, Madison and Mason wrote the Bill of Rights, according to Sheila Jackson Lee, 400 years ago. Yup, it's a fact.


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    Re: Is it Constitutional?

    Quote Originally Posted by Your Star View Post
    I would like to see the quote. Because if she did say something like that, I'm surprised she has made it this far. That type of language is quite scary.
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    Re: Is it Constitutional?

    Quote Originally Posted by Psychoclown View Post
    Interesting clip. Did Kagan ever answer the question? I know a 1 minute clip can sometimes be taken out of context. And did she seriously say it was OK to ban books? I didn't expect that I'd agree with Kagan on questions of the scope of federal authority, but now I'm wondering if she believes there should be ANY limits to federal authority.
    it sounds like she did... sort of - she had said that: it's a dumb law, but we can't strike down the law based on the fact that it's dumb. This makes it sound like she would consider such a law dumb, but constitutional. That's unfortunate. It'd be like the national government regulating how much salt companies could put in their food... (though I'm all for full disclosure of how much salt is in food and its affect on the consumer, but if a person is selling a product and everyone is fully informed and there is a buyer for said product - that's between the consumer and producer).

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