View Poll Results: Should the Senate Confirm Elena Kagan

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Thread: Should The Senate Confirm Elena Kagan

  1. #61
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    Re: Should The Senate Confirm Elena Kagan

    Quote Originally Posted by Harry Guerrilla View Post
    Privacy is privacy, electronic or otherwise.
    It is derived from the 4th amendment.
    Except the fourth discusses "unreasonable searches and seizure", so one could argue that a transcript of my browsing history doesn't count. Or that browsing history doesn't count as "persons houses papers and effects". It's not always up or down.
    The Makeout Hobo is real, and does indeed travel around the country in his van and make out with ladies... If you meet the Makeout Hobo, it is customary to greet him with a shot of whiskey and a high five (if you are a dude) or passionate makeouts (if you are a lady).

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    Re: Should The Senate Confirm Elena Kagan

    Quote Originally Posted by Kandahar View Post
    Yes she should. She is qualified, intelligent, and has no disqualifying characteristics which I am aware of. Generally I think the Senate should let the president appoint whoever he wants, as long as they meet those criteria and aren't too far outside the judicial mainstream. (Cue comparisons of Kagan to Chairman Mao...now. )
    How the **** is she qualified? She has absolutely no judicial experience.

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    Re: Should The Senate Confirm Elena Kagan

    Quote Originally Posted by Agent Ferris View Post
    How the **** is she qualified? She has absolutely no judicial experience.
    Not all justices have had judicial experience and gone on to be effective justices
    The Makeout Hobo is real, and does indeed travel around the country in his van and make out with ladies... If you meet the Makeout Hobo, it is customary to greet him with a shot of whiskey and a high five (if you are a dude) or passionate makeouts (if you are a lady).

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    Re: Should The Senate Confirm Elena Kagan

    Quote Originally Posted by the makeout hobo View Post
    I think someone with a background other than a judge would be refreshing. Justices from all sorts of backgrounds have gone on to be effective at their job.
    lol, ya appoint a non-judge to the highest court in the country for life, it's not like the people deserve to know who the nominee is, wouldn't want someone with a judicial record to review.

  5. #65
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    Re: Should The Senate Confirm Elena Kagan

    Quote Originally Posted by Harry Guerrilla View Post
    If I derive my political views from the people who wrote The Constitution, how could it be anything but that?
    Well hopefully you DON'T derive your political views from them, as most of them believed in some pretty detestable and/or ridiculous things (by today's standards).

    Quote Originally Posted by Harry Guerrilla
    You act like it's a surprise that someone who studies the writers of the document, would interpret the document as the writers intended.
    There are several flawed assumptions here:

    1. You are assuming that studying the writers means that one would share their views. I'm pretty sure that every single person on the Supreme Court has studied the Founding Fathers...probably more in depth than you have.

    2. You are assuming that YOU share their views. As I said above, I certainly hope not, as many of them believed in things like slavery, gender discrimination, genocide, oligarchy, autarky, wars of conquest, and mercantilism.

    3. You are assuming that it is POSSIBLE to share their views. They were not a monolithic entity who all thought alike on every issue. Furthermore, 221 years have elapsed since the Constitution was written. If they were still alive today, what makes you think that THEIR views wouldn't have evolved since then, just because YOURS haven't?

    4. You are assuming that interpreting the document as the writers intended, even if it were possible, is the only "proper" way to interpret the Constitution.
    Last edited by Kandahar; 07-02-10 at 07:15 PM.
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  6. #66
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    Re: Should The Senate Confirm Elena Kagan

    Quote Originally Posted by Agent Ferris View Post
    lol, ya appoint a non-judge to the highest court in the country for life, it's not like the people deserve to know who the nominee is, wouldn't want someone with a judicial record to review.
    CJ Marshall had no judicial experience. Rehnquist had no previous experience. I think a cross-section of experiences and backgrounds is good for the institution
    The Makeout Hobo is real, and does indeed travel around the country in his van and make out with ladies... If you meet the Makeout Hobo, it is customary to greet him with a shot of whiskey and a high five (if you are a dude) or passionate makeouts (if you are a lady).

  7. #67
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    Re: Should The Senate Confirm Elena Kagan

    Quote Originally Posted by the makeout hobo View Post
    Except the fourth discusses "unreasonable searches and seizure", so one could argue that a transcript of my browsing history doesn't count. Or that browsing history doesn't count as "persons houses papers and effects". It's not always up or down.
    Your browsing history is a digital log, if it weren't digital it would be in paper form.
    Technological development makes no difference.

    The government was clearly limited to what it could do.

    "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

    Look at the wording, it was specifically not specific as to what could or could not be searched.
    "Effects" or "Papers" definitely count as part of your protection.
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    Re: Should The Senate Confirm Elena Kagan

    Quote Originally Posted by the makeout hobo View Post
    Not all justices have had judicial experience and gone on to be effective justices
    But all of them to my knowledge had some sort of record to review. She's a blank slate, and the slight record she does have does not look good but she explains it away as having only been serving other peoples policies. And of course she thinks the state has the right to ban books.

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    Re: Should The Senate Confirm Elena Kagan

    Excuse my ignorance, but can someone explain to me why judicial experience is necessary? I'm not saying it isn't I'm just wondering why other people feel it is necessary. I mean it's not like she hasn't studied law or anything. And please don't say "so we can review her decisions" because lets be honest, you can research her opinion on certain subjects and it isn't like people who are judges have ruled on every subject out their. Every judge has yet to decide on every subject.

  10. #70
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    Re: Should The Senate Confirm Elena Kagan

    Quote Originally Posted by Agent Ferris View Post
    How the **** is she qualified? She has absolutely no judicial experience.
    That's a good thing. We need some non-judges on the court for a diversity of viewpoints. It's not like she's a legal novice; why is being a judge necessary? Is there any empirical evidence at all that indicates that non-judge appointees make inferior Supreme Court Justices?
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