- Feb 12, 2007
- 59,439
- 24,104
Follow along with the video below to see how to install our site as a web app on your home screen.
Note: This feature may not be available in some browsers.
They do?
Are you saying no textualist and strict constructionist are on, or could be appointed to, the Supreme Court?
How do you know?
What does it mean to be a textualist and strict constructionist?
They are theories that explain how the judiciary should interpret the law, particularly constitutional documents and legislation.
For example Antonin Scalia is a textualist, who applies literal interpretations of the Constitution (within context).
A person can find pretty much anything on the internet these days, Sammy. After all, where do you find Octo pr0n?
What does it mean to be a textualist and strict constructionist?
They are theories that explain how the judiciary should interpret the law, particularly constitutional documents and legislation.
For example Antonin Scalia is a textualist, who applies literal interpretations of the Constitution (within context).
The wife is a law student (about to graduate) and is an uber liberal and begrudgingly admits that she enjoys reading Scalia's opinions (until he does something that really aggravates her).
All that being said: the power of judicial review is not explicitly laid out for the court in the constitution.
There are people on this board that will argue that judicial review is unconstitutional and that states have the right to secede and that the reconstruction amendments are unconstitutional.
My point is this: if there was a complete consensus on the constitution, we wouldn't all be here bickering today.
That's why superfluous language from the teabaggers is just idiotic.
Get help.
Everyone should read dissenting opinions: They can really be entertaining, although I cannot recall reading Scalia's.
At any rate, I'm not arguing for complete consensus on the constitution, I'm only trying to interpret what the Tea Party means by "protecting the constitution."
This isn't really all that original, or superfluous, its simply another judicial theory.
Everyone should read dissenting opinions: They can really be entertaining, although I cannot recall reading Scalia's.
At any rate, I'm not arguing for complete consensus on the constitution, I'm only trying to interpret what the Tea Party means by "protecting the constitution."
This isn't really all that original, or superfluous, its simply another judicial theory.
I realize that. I am just pointing out that it is vague, feel-good language that really says nothing.
Even the "strict constitutionalist" talking point usually means "opinions that personally I agree with" in most instance.
Everyone should read dissenting opinions: They can really be entertaining, although I cannot recall reading Scalia's.
At any rate, I'm not arguing for complete consensus on the constitution, I'm only trying to interpret what the Tea Party means by "protecting the constitution."
This isn't really all that original, or superfluous, its simply another judicial theory.
I realize that. I am just pointing out that it is vague, feel-good language that really says nothing.
Even the "strict constitutionalist" talking point usually means "opinions that personally I agree with" in most instance.
No, actually a strict constitutionalist is the opposite of opinions (or interpretations) with which the judiciary agrees. What you are descrbing is the developmentalist approach.
Meh....you should read the Democratic Party's 2008 Platform's position on Amnesty for Illegal Immigrants for "feel-good language that really says nothing." And, before you think this is some partisan rant, I'll assume there are equally Bullshit Filled portions of the RNC's 2008 platform.
I realize that. I am just pointing out that it is vague, feel-good language that really says nothing.
Even the "strict constitutionalist" talking point usually means "opinions that personally I agree with" in most instance.
No, actually a strict constitutionalist is the opposite of opinions (or interpretations) with which the judiciary agrees. What you are descrbing is the developmentalist approach.
Meh....you should read the Democratic Party's 2008 Platform's position on Amnesty for Illegal Immigrants for "feel-good language that really says nothing." And, before you think this is some partisan rant, I'll assume there are equally Bullshit Filled portions of the RNC's 2008 platform.
I agree that both parties have a bunch of fluff. They probably also have more than 20 or so sentences that are substantive in there somewhere.
No, actually a strict constitutionalist is the opposite of opinions (or interpretations) with which the judiciary agrees. What you are descrbing is the developmentalist approach.
Meh....you should read the Democratic Party's 2008 Platform's position on Amnesty for Illegal Immigrants for "feel-good language that really says nothing." And, before you think this is some partisan rant, I'll assume there are equally Bullshit Filled portions of the RNC's 2008 platform.
I agree that both parties have a bunch of fluff. They probably also have more than 20 or so sentences that are substantive in there somewhere.
LMAO.....for what they're worth.....e.g.
The Republican Platform stated, "WE OPPOSE AMNESTY."![]()
The Tea Party Patriots are nothing new. Check out this article from the Boston Herald:
Barack Obama navigated his way into the White House on a mantra of Change You Can Believe In. Today on the Common, Sarah Palin will preach the gospel of Change We Dont Want. The Tea Party patriots will cheer for a return to that monochromatic world, where Ricky, Wally and The Beav had supper served up to them every night by a mother who stayed home to cook and clean in pearls and high heels.
The patriots are throwbacks to the bad old days - BostonHerald.com
LMAO.....for what they're worth.....e.g.
The Republican Platform stated, "WE OPPOSE AMNESTY."![]()
.......................If there was a 100% consensus on what the constitution truly said, we wouldn't need the Supreme Court, now would we?
............................................
.......................If there was a 100% consensus on what the constitution truly said, we wouldn't need the Supreme Court, now would we?
............................................
The vast majority of those who see a 'need' for the corrupt version of a supreme court be are saddled with today are people who simply do not wish to be constrained by what the Constitution actually says.
The document is sufficiently straighforward that even a caveman (an honest one) can understand.
.......................If there was a 100% consensus on what the constitution truly said, we wouldn't need the Supreme Court, now would we?
............................................
The vast majority of those who see a 'need' for the corrupt version of a supreme court be are saddled with today are people who simply do not wish to be constrained by what the Constitution actually says.
The document is sufficiently straighforward that even a caveman (an honest one) can understand.
Considering that judicial review has been the law of the land for 210 years, you are a little late to lodge your complaint.
LMAO.....for what they're worth.....e.g.
The Republican Platform stated, "WE OPPOSE AMNESTY."![]()
That at least has more teeth in it than "uphold the constitution".
You're confusing Judicial Review with Judicial Interpretation. No one is arguing that the supreme court should use the US Constitution to compare with legislation and executive order (Judicial Review). The question is HOW to interpret the constitution: Literally? Figureatively?
The Tea Party favors a more literal interpretation.
Meh...toothless rhetoric isn't toothless rhetoric until the speaker has a chance to back their words with action and fails: So far, Republicans have consistantly failed
Like what, eh? Lets be specific- proram/service branch/ $ you expect to save. The wasteage you imagine just ain't there. Ya wanna cut military costs its going to be pretty much proportional to headcount reductions and war count reductions.
Look, little man.... I am not here to go through the defense budge item by item with you to decide where we should cut. Suffice to say, if you clamp down on the spiraling costs that the private sector incur in development, cut fraud and waste.... you'll find more than 5%. Treat it like any business would treat its budget. If we ran government like a business - with accountability for expenditure, we would soon get control over it. The major problem with government and public sector is that they view taxpayers as a bottomless pit of cash. Because they don't need to 'make a profit' they don't care what they spend or whether the money actually achieves anything.... They spend it because they can.
Well, the TEA Parties say 'enough is enough'. I agree. Enough is enough. Obama has taken the mess that Bush left and made it 100% worse. I don't blame Obama, I don't blame Bush. I blame us - 'we, the People' sat back and let them pillage our nation. Shame on us.
You say this now, but here is what makes you a hack, YOU DIDNT SAY A WORD DURING BUSH'S HELL ON EARTH FOR 8 YEARS. Not a fucking word.
All of a sudden, you guys have "had enough". ALL OF A SUDDEN.
You're confusing Judicial Review with Judicial Interpretation. No one is arguing that the supreme court should use the US Constitution to compare with legislation and executive order (Judicial Review). The question is HOW to interpret the constitution: Literally? Figureatively?
That's not true. There are people that very much believe that judicial review was an unconstitutional power grab. It might not be inherent to the tea party, but my larger point is that if you split enough hairs, eventually no two Americans are going to agree on what the constitution actually says.
The Tea Party favors a more literal interpretation.
Then why didn't they word their platform to say that?
Meh...toothless rhetoric isn't toothless rhetoric until the speaker has a chance to back their words with action and fails: So far, Republicans have consistantly failed
I agree with that, but at least the GOP is opposing a specific policy initiative. Like I said, we don't have to wonder what they mean by that phrase.
The Tea Party Patriots are nothing new. Check out this article from the Boston Herald:
Barack Obama navigated his way into the White House on a mantra of Change You Can Believe In. Today on the Common, Sarah Palin will preach the gospel of Change We Dont Want. The Tea Party patriots will cheer for a return to that monochromatic world, where Ricky, Wally and The Beav had supper served up to them every night by a mother who stayed home to cook and clean in pearls and high heels.
The patriots are throwbacks to the bad old days - BostonHerald.com
Sooooo, tell us just why you find the feral world of urban decay (which makes 'Lord of the Flies' and 'Escape from New York' look kinda warm & fuzzy by comparison) in which far too many of the young must exist today superior.