'Living Constitution' Faces a Mercy Killing

[Soggy in NOLA]

What Conservatives call a 'Constitutional Originalist' is just a judge that interperts the Constitution the way they'd like it to be interperted.

Yeah, correctly, according to original intent.

 

[Soggy in NOLA]

Is English a dead language?

Probably, but I speak American, so I don't care.

You speak American?

 

[Cecilie1200]

What Conservatives call a 'Constitutional Originalist' is just a judge that interperts the Constitution the way they'd like it to be interperted.

You mean, according to the actual words?

 

[Cellblock2429]

Jonah Goldberg - 'Living Constitution' Faces a Mercy Killing

The second track is longer. Starting over a century ago, progressives began emphasizing ends over means. If the Supreme Court could deliver wins unattainable at the ballot box and unsupported by the Constitution, so be it. Thus was born the "living Constitution" -- the doctrine which holds that the magical parchment should mean whatever progressives need it to mean at any moment.

******************

This guy nailed it.

And the selection of an originalist will help get things to where they need to be.

/——/ Reagan tried with Robert Bork

 

[Richard-H]

What Conservatives call a 'Constitutional Originalist' is just a judge that interperts the Constitution the way they'd like it to be interperted.

Yeah, correctly, according to original intent.

As you interpert it.

 

[Richard-H]

Is English a dead language?

Probably, but I speak American, so I don't care.

You speak American?

I speak the American variant of the English language, otherwise known as American.

About Us | Merriam-Webster

 

[bendog]

What Conservatives call a 'Constitutional Originalist' is just a judge that interperts the Constitution the way they'd like it to be interperted.

OK, I'll bite. One can argue the originalist thingee both ways to be honest. Scalia was an originalist on the 4th, and Gorsuch is going to be interesting on that issue too. But the Loving and Gay cases didn't expand anything. They recognized that under the traditional analysis .... society changed. And Roberts didn't argue that he really disagreed. Rather, he argued society wasn't there yet, and since the DOMA passed with bipartiasan support and a dem President, it was difficult to see some universal view on gay marriage. And he thought defining marriage was not a federal issue. Now Scalia couldn't even bring himself to say gays could be gay in their homes. But he was quite able to apply new technologies to the protections of the 4th.

The living constitution is more about finding new freedoms. Like a right to privacy. Things not specified in the constitution. But- FOR EXMAPLE.-someday there will be national consensus the death penalty violates the 8th, and the few states still trying to hang onto it, will have it pried from their dead fingers. And that will have nothing to do with a living constitution.

 

[Soggy in NOLA]

What Conservatives call a 'Constitutional Originalist' is just a judge that interperts the Constitution the way they'd like it to be interperted.

Yeah, correctly, according to original intent.

As you interpert it.

I don't interpert anything.

 

[Soggy in NOLA]

Is English a dead language?

Probably, but I speak American, so I don't care.

You speak American?

I speak the American variant of the English language, otherwise known as American.

About Us | Merriam-Webster

Well, that explains a lot. I guess I misinterperted you.

 

[LordBrownTrout]

What Conservatives call a 'Constitutional Originalist' is just a judge that interperts the Constitution the way they'd like it to be interperted.

You mean, according to the actual words?

They would prefer interpreting to the latest case law.

 

[hazlnut]

Jonah Goldberg - 'Living Constitution' Faces a Mercy Killing

The second track is longer. Starting over a century ago, progressives began emphasizing ends over means. If the Supreme Court could deliver wins unattainable at the ballot box and unsupported by the Constitution, so be it. Thus was born the "living Constitution" -- the doctrine which holds that the magical parchment should mean whatever progressives need it to mean at any moment.

******************

This guy nailed it.

And the selection of an originalist will help get things to where they need to be.

So called "originalists" stood around with their thumb up their ass while Mitch, Ted, Marco and Co. put the Constitution on Hold for a year in 2016. And the Dems didn't do much to stop them as they thought Hillary was a shoe-in.

In the end, we found out that Ted Cruz really sees the Constitution as something that can be turned off when necessary -- like if a sitting black President is going to replace Justice Scalia. Don't you love how he played the GOP base as ignorant sheep telling them all how he found this magical 'precedent'...and they ate it up.


The constitution has been degraded into an often meaningless document that Government only follows when politically convenient.

The right will convince their rube low-educated voters, the Dems are going to take away their guns, meanwhile any overreach on Gun rights by Feds or states has been overturned by SCOTUS. "Gun Grab" fear tactics are about selling guns.

I find that most so-called "Constitutionists" don't really believe in the constitution as they don't really believe in Article III. Because they can't always control the courts. Anytime a decision doesn't go their way, it's JUDICIAL ACTIVISM... but you never hear them cry fowl when the pedophile judge in AL wipes his ass with the law and does whatever he wants.

Bunch of phonies. You believe in nothing.

 

[Sun Devil 92]

Jonah Goldberg - 'Living Constitution' Faces a Mercy Killing

The second track is longer. Starting over a century ago, progressives began emphasizing ends over means. If the Supreme Court could deliver wins unattainable at the ballot box and unsupported by the Constitution, so be it. Thus was born the "living Constitution" -- the doctrine which holds that the magical parchment should mean whatever progressives need it to mean at any moment.

******************

This guy nailed it.

And the selection of an originalist will help get things to where they need to be.

Loving got it right. (sarcasm) it would possibly help if you looked to what actual legal scholars think, and for the writer to understand what was referred to as the "living constitution." Not that I was in favor of that anymore than I am in preventing marriages between different race people. Or gay people for that matter.

I did spend some time reading a few articles on the topic.

 

[norwegen]

What Conservatives call a 'Constitutional Originalist' is just a judge that interperts the Constitution the way they'd like it to be interperted.

Assume much? You obviously have no clue about what Originalism is.

 

[Sun Devil 92]

Jonah Goldberg - 'Living Constitution' Faces a Mercy Killing

The second track is longer. Starting over a century ago, progressives began emphasizing ends over means. If the Supreme Court could deliver wins unattainable at the ballot box and unsupported by the Constitution, so be it. Thus was born the "living Constitution" -- the doctrine which holds that the magical parchment should mean whatever progressives need it to mean at any moment.

******************

This guy nailed it.

And the selection of an originalist will help get things to where they need to be.

So called "originalists" stood around with their thumb up their ass while Mitch, Ted, Marco and Co. put the Constitution on Hold for a year in 2016. And the Dems didn't do much to stop them as they thought Hillary was a shoe-in.

In the end, we found out that Ted Cruz really sees the Constitution as something that can be turned off when necessary -- like if a sitting black President is going to replace Justice Scalia. Don't you love how he played the GOP base as ignorant sheep telling them all how he found this magical 'precedent'...and they ate it up.


The constitution has been degraded into an often meaningless document that Government only follows when politically convenient.

The right will convince their rube low-educated voters, the Dems are going to take away their guns, meanwhile any overreach on Gun rights by Feds or states has been overturned by SCOTUS. "Gun Grab" fear tactics are about selling guns.

I find that most so-called "Constitutionists" don't really believe in the constitution as they don't really believe in Article III. Because they can't always control the courts. Anytime a decision doesn't go their way, it's JUDICIAL ACTIVISM... but you never hear them cry fowl when the pedophile judge in AL wipes his ass with the law and does whatever he wants.

Bunch of phonies. You believe in nothing.

Still butthurt ?

It's only gonna get worse.

 

[blastoff]

Jonah Goldberg - 'Living Constitution' Faces a Mercy Killing

The second track is longer. Starting over a century ago, progressives began emphasizing ends over means. If the Supreme Court could deliver wins unattainable at the ballot box and unsupported by the Constitution, so be it. Thus was born the "living Constitution" -- the doctrine which holds that the magical parchment should mean whatever progressives need it to mean at any moment.

******************

This guy nailed it.

And the selection of an originalist will help get things to where they need to be.

So called "originalists" stood around with their thumb up their ass while Mitch, Ted, Marco and Co. put the Constitution on Hold for a year in 2016. And the Dems didn't do much to stop them as they thought Hillary was a shoe-in.

In the end, we found out that Ted Cruz really sees the Constitution as something that can be turned off when necessary -- like if a sitting black President is going to replace Justice Scalia. Don't you love how he played the GOP base as ignorant sheep telling them all how he found this magical 'precedent'...and they ate it up.


The constitution has been degraded into an often meaningless document that Government only follows when politically convenient.

The right will convince their rube low-educated voters, the Dems are going to take away their guns, meanwhile any overreach on Gun rights by Feds or states has been overturned by SCOTUS. "Gun Grab" fear tactics are about selling guns.

I find that most so-called "Constitutionists" don't really believe in the constitution as they don't really believe in Article III. Because they can't always control the courts. Anytime a decision doesn't go their way, it's JUDICIAL ACTIVISM... but you never hear them cry fowl when the pedophile judge in AL wipes his ass with the law and does whatever he wants.

Bunch of phonies. You believe in nothing.

Still butthurt ?

It's only gonna get worse.

But hopefully it’s not terminal (fingers crossed).

 

[bripat9643]

No one on Trump’s short list is fit to replace Kennedy

The Hill prints an article that is simply retarded:

Well......here is the claim.....

The White House should honor Kennedy’s legacy by discarding the Supreme Court short list generated by partisan special interests, and moving toward bipartisan consultation. But if that doesn’t happen — and experience suggests it won’t — advocates will not meekly retreat; the stakes are too high, and the administration has outraged too many.

Rather, this Supreme Court nomination will engender the most epic battle over such a nomination that this country has ever seen. Count on it.

*************************************

Count on what ???

What epic battle ? They can't stop anything.

Dims are always making rules for Republicans to follow that the don't observe themselves.

 

[Cecilie1200]

What Conservatives call a 'Constitutional Originalist' is just a judge that interperts the Constitution the way they'd like it to be interperted.

Yeah, correctly, according to original intent.

As you interpert it.

Only in the sense that anyone who is reading "interprets" the squiggles on the page into letters, words, and sentences.

 

[Cecilie1200]

What Conservatives call a 'Constitutional Originalist' is just a judge that interperts the Constitution the way they'd like it to be interperted.

You mean, according to the actual words?

They would prefer interpreting to the latest case law.

"They" who?

 

[Cecilie1200]

Jonah Goldberg - 'Living Constitution' Faces a Mercy Killing

The second track is longer. Starting over a century ago, progressives began emphasizing ends over means. If the Supreme Court could deliver wins unattainable at the ballot box and unsupported by the Constitution, so be it. Thus was born the "living Constitution" -- the doctrine which holds that the magical parchment should mean whatever progressives need it to mean at any moment.

******************

This guy nailed it.

And the selection of an originalist will help get things to where they need to be.

So called "originalists" stood around with their thumb up their ass while Mitch, Ted, Marco and Co. put the Constitution on Hold for a year in 2016. And the Dems didn't do much to stop them as they thought Hillary was a shoe-in.

In the end, we found out that Ted Cruz really sees the Constitution as something that can be turned off when necessary -- like if a sitting black President is going to replace Justice Scalia. Don't you love how he played the GOP base as ignorant sheep telling them all how he found this magical 'precedent'...and they ate it up.


The constitution has been degraded into an often meaningless document that Government only follows when politically convenient.

The right will convince their rube low-educated voters, the Dems are going to take away their guns, meanwhile any overreach on Gun rights by Feds or states has been overturned by SCOTUS. "Gun Grab" fear tactics are about selling guns.

I find that most so-called "Constitutionists" don't really believe in the constitution as they don't really believe in Article III. Because they can't always control the courts. Anytime a decision doesn't go their way, it's JUDICIAL ACTIVISM... but you never hear them cry fowl when the pedophile judge in AL wipes his ass with the law and does whatever he wants.

Bunch of phonies. You believe in nothing.

"I don't agree with your beliefs, and I don't understand what they really are, therefore they don't exist!"

 

[Lucy Hamilton]

Jonah Goldberg - 'Living Constitution' Faces a Mercy Killing

The second track is longer. Starting over a century ago, progressives began emphasizing ends over means. If the Supreme Court could deliver wins unattainable at the ballot box and unsupported by the Constitution, so be it. Thus was born the "living Constitution" -- the doctrine which holds that the magical parchment should mean whatever progressives need it to mean at any moment.

******************

This guy nailed it.

And the selection of an originalist will help get things to where they need to be.

Shouldn't the American Constitution be STRICTLY adhered to as it was WRITTEN ie. as America's Founding Fathers INTENDED it to be adhered to?

As a side point I have read the list of The Donald's 25 possible choices to replace that Anthony Kennedy, IMHO I like Federal Judge Amy Coney Barrett, I commented about her the other night, I will in this thread give my reasons why I think she would be the best choice.

I think the best choice is a man or a woman aged about 46 years in age, who is a Practising Christian and is like that Antonin Scalia, Federal Judge Amy Coney Barrett fills all criteria, born in 1972 aged 46 years in age, she is a Practising Roman Catholic her and her husband have SEVEN kidlets, she worked for a year for Antonin Scalia and on May 8 2017 The Donald nominated her to serve as a United States Circuit Judge for the United States Court of Appeals for The Seventh Circuit and her nomination was approved by The Senate 55-43.

The situation is it would be difficult for Democrats and also a few RINO Republicans to not confirm someone like Amy Coney Barrett for The Supreme Court when they already voted to approve her for that other court, also they would not be able to do their usual Smear Campaign which they are going to want to do because how would they justify doing that when they already approved her for the other Court already?

Also the Far Left HATE Amy Coney Barrett I was reading about when The Donald nominated her for that other Court and they were almost having Grand Mal Seizures.

Amy Coney Barrett - Wikipedia

Sorry but I disagree I have several problems with your pick. But everyone has good pedigree that is on the list.

What would you say is wrong in your opinion with Amy Coney Barrett?

Nothing at all.

1st choice....don't know.

Would need to look at her more closely.

Nominating a solid judge is what is important. We need someone who will help get things back on track.

People talk about the pining for the "good old days". The fact is that we never had them. Roe is almost 45 years old and the FRD court was botching things up before that.

We need judges who will help this nation realize the potential of the constitution as it would work in our day.

When it was written, America had 6,000,000 people.

Now we have a bunch of states and even some CITIES that are bigger than that.

The emphasis should be on more local rule (could Chicago pass a pro-abortion bill....don't see why not....they have all kinds of post birth abortion activities already).

We just need a solid conservative judge.

Appreciate your suggestion.

The other great thing about Amy Coney Barrett then that you will like is that she is an Originalist, she has written papers that illustrate that she thinks that the American Constitution should be adhered to in it's original public meaning as written in 1789 by America's Founding Fathers.

Amy Coney Barrett also does not agree that a Judge has to adhere to Stare decisis which is the doctrine that requires courts to follow precedent. That in her opinion if the precedent conflicts with the American Constitution as it was originally written in 1789 then previous decisions and rulings should be overturned.