'Living Constitution' Faces a Mercy Killing

[Sun Devil 92]

What a gigantic load of crap.

Conservatives cheat, gerrymander, and use whatever court they have a majority in to outright ignore the Constitution. Cheating is in con DNA.

Thanks for making their point.

You think repeating what you hear from others makes a point? The OP is radical nonsense to be laughed at. You should figure out how strange it is when you try to appear coherent but miss the mark.

Like this is a new concept. The mention of a "Living Constitution" was from the 1930's.

FDR was pissed because the conservative court would not allow his bastardization to stand.

He tried his court packing scheme.

Death finally gave him a chance and he put a bunch of morons on the bench.

We are still reeling from the their stupdidity.

Time to do something different.

How do you rationalize Trump's comments as fine, and complain about FDR?

I don't recall saying anything about Trump's comments. You want to elaborate ?

 

[Wry Catcher]

What a gigantic load of crap.

Conservatives cheat, gerrymander, and use whatever court they have a majority in to outright ignore the Constitution. Cheating is in con DNA.

Thanks for making their point.

You think repeating what you hear from others makes a point? The OP is radical nonsense to be laughed at. You should figure out how strange it is when you try to appear coherent but miss the mark.

Like this is a new concept. The mention of a "Living Constitution" was from the 1930's.

FDR was pissed because the conservative court would not allow his bastardization to stand.

He tried his court packing scheme.

Death finally gave him a chance and he put a bunch of morons on the bench.

We are still reeling from the their stupdidity.

Time to do something different.

How do you rationalize Trump's comments as fine, and complain about FDR?

I don't recall saying anything about Trump's comments. You want to elaborate ?

Do you live in a cave?

 

[OKTexas]

What a gigantic load of crap.

Conservatives cheat, gerrymander, and use whatever court they have a majority in to outright ignore the Constitution. Cheating is in con DNA.

Thanks for making their point.

You think repeating what you hear from others makes a point? The OP is radical nonsense to be laughed at. You should figure out how strange it is when you try to appear coherent but miss the mark.

Radical nonsense ? Now that is rich.

You are about to see the SCOTUS go hard right.

Suck on it.

Counting chicken before they hatch? Roberts will become the swing vote, he's already proven he has no problem legislating from the bench.


.

 

[OKTexas]

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

Not much needs interpretation. It’s pretty well written. What we need is judges not looking for insane retreadings of it. Like the penalty for not buying insurance is a tax. Or somehow a well regulated militia is anything other than a single citizen.

As long as you have partisan politics taking over everything, the Supreme court will be partisan.

Get rid of partisan politics with Proportional Representation and the Supreme Court might end up being filled be proper people who look out for the interests of the country and not the interests of the guy who put them there.

That's not the supreme courts job, their job is to follow the law and the Constitution, not decide what they think is best. Justice Scalia said it best, "if a judge likes every decision they must make, they're not doing their job". A judge decides what the law and Constitution says and rules accordingly, not what THEY think is best for the country.


.

 

[Wry Catcher]

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

Not much needs interpretation. It’s pretty well written. What we need is judges not looking for insane retreadings of it. Like the penalty for not buying insurance is a tax. Or somehow a well regulated militia is anything other than a single citizen.

As long as you have partisan politics taking over everything, the Supreme court will be partisan.

Get rid of partisan politics with Proportional Representation and the Supreme Court might end up being filled be proper people who look out for the interests of the country and not the interests of the guy who put them there.

That's not the supreme courts job, their job is to follow the law and the Constitution, not decide what they think is best. Justice Scalia said it best, "if a judge likes every decision they must make, they're not doing their job". A judge decides what the law and Constitution says and rules accordingly, not what THEY think is best for the country.


.

What the law and Constitution say can be subjective, since syntax can be ambiguous & laws may contradict each other, thus Shepherding can be a long and arduous process.

 

[Sun Devil 92]

Thanks for making their point.

You think repeating what you hear from others makes a point? The OP is radical nonsense to be laughed at. You should figure out how strange it is when you try to appear coherent but miss the mark.

Like this is a new concept. The mention of a "Living Constitution" was from the 1930's.

FDR was pissed because the conservative court would not allow his bastardization to stand.

He tried his court packing scheme.

Death finally gave him a chance and he put a bunch of morons on the bench.

We are still reeling from the their stupdidity.

Time to do something different.

How do you rationalize Trump's comments as fine, and complain about FDR?

I don't recall saying anything about Trump's comments. You want to elaborate ?

Do you live in a cave?

What is it that you, in typical left wing fashion, want to ascribe to me ?

I don't ever recall saying anything about his comments.

 

[Sun Devil 92]

What a gigantic load of crap.

Conservatives cheat, gerrymander, and use whatever court they have a majority in to outright ignore the Constitution. Cheating is in con DNA.

Thanks for making their point.

You think repeating what you hear from others makes a point? The OP is radical nonsense to be laughed at. You should figure out how strange it is when you try to appear coherent but miss the mark.

Radical nonsense ? Now that is rich.

You are about to see the SCOTUS go hard right.

Suck on it.

Counting chicken before they hatch? Roberts will become the swing vote, he's already proven he has no problem legislating from the bench.


.

I still loathe him over the ACA.....

But lately he's been better.

Ginsburg dies....and it's game over.

 

[Missouri_Mike]

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

Not much needs interpretation. It’s pretty well written. What we need is judges not looking for insane retreadings of it. Like the penalty for not buying insurance is a tax. Or somehow a well regulated militia is anything other than a single citizen.

As long as you have partisan politics taking over everything, the Supreme court will be partisan.

Get rid of partisan politics with Proportional Representation and the Supreme Court might end up being filled be proper people who look out for the interests of the country and not the interests of the guy who put them there.

That's not the supreme courts job, their job is to follow the law and the Constitution, not decide what they think is best. Justice Scalia said it best, "if a judge likes every decision they must make, they're not doing their job". A judge decides what the law and Constitution says and rules accordingly, not what THEY think is best for the country.


.

What the law and Constitution say can be subjective, since syntax can be ambiguous & laws may contradict each other, thus Shepherding can be a long and arduous process.

I remember that line in the Constitution. We the people in order to form a more perfect union, after judicial review and subjective sheparding...

 

[OKTexas]

What a gigantic load of crap.

Conservatives cheat, gerrymander, and use whatever court they have a majority in to outright ignore the Constitution. Cheating is in con DNA.

Thanks for making their point.

You think repeating what you hear from others makes a point? The OP is radical nonsense to be laughed at. You should figure out how strange it is when you try to appear coherent but miss the mark.

Radical nonsense ? Now that is rich.

You are about to see the SCOTUS go hard right.

Suck on it.

Counting chicken before they hatch? Roberts will become the swing vote, he's already proven he has no problem legislating from the bench.


.

I still loathe him over the ACA.....

But lately he's been better.

Ginsburg dies....and it's game over.

Just pointing out he doesn't seem to think he's bound by written law, he stated it's the courts job to salvage a law instead of striking it down and sending it back to the legislature to fix. Then he chose to ignore 9 instances of black letter law, saying congress really didn't mean it. He's not the conservative Bush thought he would be.


.

 

[WEATHER53]

Trump will appoint the judge and Mueller will launch another purposeless, endless investigation

 

[Picaro]

Actually the Constitution was gradually chipped away from before the ink was dry on it and by the Jacksonian era not much left, and Lincoln and the Chase Court killed it the rest of the way off, bludgeoned it into history, never to return. It was gone long before the Progressive Movement existed. Right wingers and their big corporate heroes killed it dead, and have been sniveling about shooting themselves in the foot ever since.

 

[Picaro]

Thanks for making their point.

You think repeating what you hear from others makes a point? The OP is radical nonsense to be laughed at. You should figure out how strange it is when you try to appear coherent but miss the mark.

Radical nonsense ? Now that is rich.

You are about to see the SCOTUS go hard right.

Suck on it.

Counting chicken before they hatch? Roberts will become the swing vote, he's already proven he has no problem legislating from the bench.


.

I still loathe him over the ACA.....

But lately he's been better.

Ginsburg dies....and it's game over.

Just pointing out he doesn't seem to think he's bound by written law, he stated it's the courts job to salvage a law instead of striking it down and sending it back to the legislature to fix. Then he chose to ignore 9 instances of black letter law, saying congress really didn't mean it. He's not the conservative Bush thought he would be.


.

Trump's history is as a moderate, not a right winger. Most people who voted for him knew that going in; only right and left wingers are oblivious to the reality that the voters were rejecting wingnuts on both ends of the spectrum when they elected Trump.

 

[Cecilie1200]

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

Not much needs interpretation. It’s pretty well written. What we need is judges not looking for insane retreadings of it. Like the penalty for not buying insurance is a tax. Or somehow a well regulated militia is anything other than a single citizen.

Your statement that a well-regulated militia being a single citizen is a PRIME example of EXTREME individual interpertation.

In that one statement alone you've proven my argument.

Who are the militia? Who makes up the group? Who provides the arms?

The individual citizen does all of that. It’s pretty plain.

Seriously?

"A well regulated Militia, being necessary to the security of a free State"

"Well-Regulated" - what do you think that means?

It means controlled by the state.

You seem to be the worst example of "I'll just interpert the Constitution any old way that I feel like".

You are a prime example of an extreme case!

No, dumbass, "well-regulated" means "controlled by the state" TO YOU, because you think everything should be controlled by the state. That is NOT what it meant to the people who wrote the Second Amendment, because unlike you, THEY didn't worship at the altar of government.

 

[Cecilie1200]

Thanks for making their point.

You think repeating what you hear from others makes a point? The OP is radical nonsense to be laughed at. You should figure out how strange it is when you try to appear coherent but miss the mark.

Radical nonsense ? Now that is rich.

You are about to see the SCOTUS go hard right.

Suck on it.

Counting chicken before they hatch? Roberts will become the swing vote, he's already proven he has no problem legislating from the bench.


.

I still loathe him over the ACA.....

But lately he's been better.

Ginsburg dies....and it's game over.

Just pointing out he doesn't seem to think he's bound by written law, he stated it's the courts job to salvage a law instead of striking it down and sending it back to the legislature to fix. Then he chose to ignore 9 instances of black letter law, saying congress really didn't mean it. He's not the conservative Bush thought he would be.


.

True, but he is at least more conservative than a lot of other Justices appointed by Republican Presidents (like Kennedy himself.)

 

[OKTexas]

You think repeating what you hear from others makes a point? The OP is radical nonsense to be laughed at. You should figure out how strange it is when you try to appear coherent but miss the mark.

Radical nonsense ? Now that is rich.

You are about to see the SCOTUS go hard right.

Suck on it.

Counting chicken before they hatch? Roberts will become the swing vote, he's already proven he has no problem legislating from the bench.


.

I still loathe him over the ACA.....

But lately he's been better.

Ginsburg dies....and it's game over.

Just pointing out he doesn't seem to think he's bound by written law, he stated it's the courts job to salvage a law instead of striking it down and sending it back to the legislature to fix. Then he chose to ignore 9 instances of black letter law, saying congress really didn't mean it. He's not the conservative Bush thought he would be.


.

True, but he is at least more conservative than a lot of other Justices appointed by Republican Presidents (like Kennedy himself.)

I'm not sure I can agree with that. He used the 4 comers doctrine like on the travel restriction decision and has thrown it out the window in others. Consistency is the hallmark of a good judge.


.

 

[Sun Devil 92]

Radical nonsense ? Now that is rich.

You are about to see the SCOTUS go hard right.

Suck on it.

Counting chicken before they hatch? Roberts will become the swing vote, he's already proven he has no problem legislating from the bench.


.

I still loathe him over the ACA.....

But lately he's been better.

Ginsburg dies....and it's game over.

Just pointing out he doesn't seem to think he's bound by written law, he stated it's the courts job to salvage a law instead of striking it down and sending it back to the legislature to fix. Then he chose to ignore 9 instances of black letter law, saying congress really didn't mean it. He's not the conservative Bush thought he would be.


.

True, but he is at least more conservative than a lot of other Justices appointed by Republican Presidents (like Kennedy himself.)

I'm not sure I can agree with that. He used the 4 comers doctrine like on the travel restriction decision and has thrown it out the window in others. Consistency is the hallmark of a good judge.


.

There is no getting around the fact that he has not been consistent.

However, he will have four strong right wingers after this nomination.

You have:

Breyer=====> Old
Ginsburg =====> Beyond old
Kagen======> Really stupid
SotoMeyer ======> Insanely stupid.

Ginburg croaks and you have 5 right wingers.

Breyer bites it =======> 6

 

[Wry Catcher]

Counting chicken before they hatch? Roberts will become the swing vote, he's already proven he has no problem legislating from the bench.


.

I still loathe him over the ACA.....

But lately he's been better.

Ginsburg dies....and it's game over.

Just pointing out he doesn't seem to think he's bound by written law, he stated it's the courts job to salvage a law instead of striking it down and sending it back to the legislature to fix. Then he chose to ignore 9 instances of black letter law, saying congress really didn't mean it. He's not the conservative Bush thought he would be.


.

True, but he is at least more conservative than a lot of other Justices appointed by Republican Presidents (like Kennedy himself.)

I'm not sure I can agree with that. He used the 4 comers doctrine like on the travel restriction decision and has thrown it out the window in others. Consistency is the hallmark of a good judge.


.

There is no getting around the fact that he has not been consistent.

However, he will have four strong right wingers after this nomination.

You have:

Breyer=====> Old
Ginsburg =====> Beyond old
Kagen======> Really stupid
SotoMeyer ======> Insanely stupid.

Ginburg croaks and you have 5 right wingers.

Breyer bites it =======> 6

Were you born in 1992, or is 92 your IQ? The Alt. Right is neo fascism, you're either too young or too dumb to appreciate how evil that is.

 

[Wry Catcher]

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

Not much needs interpretation. It’s pretty well written. What we need is judges not looking for insane retreadings of it. Like the penalty for not buying insurance is a tax. Or somehow a well regulated militia is anything other than a single citizen.

As long as you have partisan politics taking over everything, the Supreme court will be partisan.

Get rid of partisan politics with Proportional Representation and the Supreme Court might end up being filled be proper people who look out for the interests of the country and not the interests of the guy who put them there.

That's not the supreme courts job, their job is to follow the law and the Constitution, not decide what they think is best. Justice Scalia said it best, "if a judge likes every decision they must make, they're not doing their job". A judge decides what the law and Constitution says and rules accordingly, not what THEY think is best for the country.


.

What the law and Constitution say can be subjective, since syntax can be ambiguous & laws may contradict each other, thus Shepherding can be a long and arduous process.

I remember that line in the Constitution. We the people in order to form a more perfect union, after judicial review and subjective sheparding...

Idiot-gram, failed sarcasm variety.

 

[Norman]

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.

The constitution was written to be as clear as possible. Yet after reading it these professionals still can not supposedly understand what is being said.

The constitution is not meant to be interpreted but read and applied. If you can't understand what it says, you can't be a judge, barely an American. Simple as that...

 

[Picaro]

Well, the original singers themselves didn't like it and thought it would be dead in 20 years, so it has lasted far longer than the writers thought it would, so there is that, even if that existence is largely mythical and imaginary.