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Author | Topic: What do the US & state constitutions say about social aspects of the EvC debate? | |||||||||||||||||||||||
randman  Suspended Member (Idle past 4920 days) Posts: 6367 Joined: |
You stated:
So far you have show no, zero, zip, none, nada, zilch exaamples where the Bil of Rights has been tampered with. I gave you examples where I think rulings have tampered with the Bill of Rights. How is that dodging you jar?
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arachnophilia Member (Idle past 1364 days) Posts: 9069 From: god's waiting room Joined: |
Cute response on gun control, what response. i asked a question, and phrased a possible stipulation.
but that is correct, but considering the 14th amendment, I think you cannot have cities and states deny this right either. right. they can however require you to have a license. personally, i think that the shouldn't be allowed to prohibit large weapons, since the purpose of the amendment is to allow the formation of independent militias for the purposes of overthrowing the government, if the need arises.
On the expansion of federal powers, I don't want to get into it as you already know the answers. If you are serious about discussion of that, you can start another thread listing some specific examples for discussion. you can start the thread if you want. i just wanted to know what you were talking about.
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jar Member (Idle past 415 days) Posts: 34026 From: Texas!! Joined: |
Because the Constitution itself provided the procedure for "In you fantasy" people to tamper with the Bill of Rights. Further, you have shown nothing that has convinced anyone that the bill of Rights has been tampered with other than the assertion that
randman writes: I gave you examples where I think rulings have tampered with the Bill of Rights. Just because you believe something does not make it fact.
How is that dodging you jar? And I have never accused you of dodging me. I have said that your posts misrepresent what others say (as your latest quote shows), of trying to change the subject (as this last post of yours shows), of playing moving definitions (as this latest post of yours does). Let's face it randman, your posts show willfull ignorance, total incompetency and extreme dishonesty. Aslan is not a Tame Lion
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nwr Member Posts: 6409 From: Geneva, Illinois Joined: Member Rating: 5.3 |
I gave you examples where I think rulings have tampered with the Bill of Rights.
The constitution explicitly assigns to the courts, the right to interpret the constitution. So how can rulings tamper with the constitution?
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randman  Suspended Member (Idle past 4920 days) Posts: 6367 Joined: |
That's like saying parents are explicitly given the right to raise their kids so if they don't think it's abuse, then no abuse occurs.
The Constition also explicitly gives the right for the president to appoint judges and is one reason that despite Bush's problems, he was still elected president.
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nwr Member Posts: 6409 From: Geneva, Illinois Joined: Member Rating: 5.3 |
That's like saying parents are explicitly given the right to raise their kids so if they don't think it's abuse, then no abuse occurs.
That's not the same at all. Where are parents explicitly given the authority to decide what is parental abuse?
The Constition also explicitly gives the right for the president to appoint judges and is one reason that despite Bush's problems, he was still elected president.
Wrong. The constitution says that appointments are to be made with the advice and consent of the senate.
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Chiroptera Inactive Member |
I'm not sure how your response is an answer to my post to Ben.
My point is that strict contructionalism (the literal interpretation of the words of the written document of the Constitution according to the original intent of the authors) has never been an important legal principle in this country. From the very beginning of the Republic, the Constitution has been interpreted very loosely, as you say, for pragmatic reasons. "Intellectually, scientifically, even artistically, fundamentalism -- biblical literalism -- is a road to nowhere, because it insists on fidelity to revealed truths that are not true." -- Katha Pollitt
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randman  Suspended Member (Idle past 4920 days) Posts: 6367 Joined: |
He is still the one that appoints them, and one reason Bush won is so that he could appoint judges that would bring back an originalist interpretation to the courts, and so the courts, if they get out of line, can be corrected over time by the president, and yes, of course, the senate's ratification.
This is an issue that won't go away and will be a losing one for dems. Congress is suppossed to make the laws, not the courts. They have overstepped their boundaries.
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nwr Member Posts: 6409 From: Geneva, Illinois Joined: Member Rating: 5.3 |
He is still the one that appoints them, and one reason Bush won is so that he could appoint judges that would bring back an originalist interpretation to the courts,
No, Bush won because of the thoroughly dishonest character assassination campaign against Kerry.
and so the courts, if they get out of line, can be corrected over time by the president,
If you understood the constitution, you would recognize that it is the courts who are to correct attempts by the president to get out of line.
This is an issue that won't go away and will be a losing one for dems.
If Bush gets the conservative court he wants, then this may be a losing issue for the republicans. There could be a strong reaction within the electorate.
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randman  Suspended Member (Idle past 4920 days) Posts: 6367 Joined: |
I doubt it. Americans like less regulations and government.
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nwr Member Posts: 6409 From: Geneva, Illinois Joined: Member Rating: 5.3 |
Americans like less regulations and government.
The Bush conservatives seem to want more regulation and government; regulation of abortion rights, the patriot act.
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randman  Suspended Member (Idle past 4920 days) Posts: 6367 Joined: |
I think of the abortion issue as a civil rights issue, and so I don't see it that way, but I think the courts if they ever overturned Roe vs Wade, that they would just kick it back to the legislatures, and if Americans are as liberal as you guys claim, you should then be happy.
On the Patriot Act, maybe you have a point, but remember that Clinton tried to get the same provisions passed, for the most part, after the OKC bombing. So I'm not really sure this is a conservative versus liberal issue, and tend to think a more originalist judge may strike down anything disagreeing with the prohibitions against unreasonable search and seizures and detaining Americans without trial. This is a different subject, but recall the case where they said cities could take private land to give to developers so they can increase their tax base, the recent eminent domain case. The liberals and moderates on the court were all for it. The conservatives were the ones protecting property rights. You might find if you peel away the propaganda, that a conservative court would be more to your liking. There is a lot of misconceptions out there about people's real positions and thoughts.
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nwr Member Posts: 6409 From: Geneva, Illinois Joined: Member Rating: 5.3 |
This is a different subject, but recall the case where they said cities could take private land to give to developers so they can increase their tax base, the recent eminent domain case. The liberals and moderates on the court were all for it. The conservatives were the ones protecting property rights.
I don't remember which justices took which positions. But you have misdescribed the case. It was about whether the federal government can supersede the states in this case.
You might find if you peel away the propaganda, that a conservative court would be more to your liking.
I would have no problem with a conservative court in the traditional sense of conservatism. But the idealogical right wing extremists on the current court are very dangerous.
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randman  Suspended Member (Idle past 4920 days) Posts: 6367 Joined: |
nwr, if I remember correctly, Scalia and Thomas and maybe Rhenquist were in the dissent. It seems a little odd to me that one of the few areas the liberals on the court asserted states' rights is in a case where a poorer person's land and home is taken so the town can give it to a rich developer. It's fundamentally wrong, and yet the moderates and liberals couldn't find a way to correct that despite interjecting the federal reach into every other area in life.
I mean how can federal land laws relative to the environment be OK, but people's homes and properties are up for grab, and hey, we just don't have jurisdiction? Edit to add link.
The Supreme Court ruled yesterday that local governments may force property owners to sell out and make way for private economic development when officials decide it would benefit the public, even if the property is not blighted and the new project's success is not guaranteed. The 5 to 4 ruling provided the strong affirmation that state and local governments had sought for their increasing use of eminent domain for urban revitalization, especially in the Northeast, where many city centers have decayed and the suburban land supply is dwindling. Opponents, including property-rights activists and advocates for elderly and low-income urban residents, argued that forcibly shifting land from one private owner to another, even with fair compensation, violates the Fifth Amendment to the Constitution, which prohibits the taking of property by government except for "public use." But Justice John Paul Stevens, writing for the majority, cited cases in which the court has interpreted "public use" to include not only such traditional projects as bridges or highways but also slum clearance and land redistribution. He concluded that a "public purpose" such as creating jobs in a depressed city can also satisfy the Fifth Amendment. .... Stevens's opinion provoked a strongly worded dissent from Justice Sandra Day O'Connor, who wrote that the ruling favors the most powerful and influential in society and leaves small property owners little recourse. Now, she wrote, the "specter of condemnation hangs over all property. Nothing is to prevent the State from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory. ... Stevens was joined in the majority by Justices Anthony M. Kennedy, David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer." http://www.washingtonpost.com/.../23/AR2005062300783_pf.html So Scalia, Thomas, Rhenquist and O'Connor voted against it, and Stevens, Kennedy, Souter, Ginsburg, and Breyer voted for it. All the liberals voted to empower the taking of anyone's land, if a city sees fit, and the moderates split, and all of the conservatives favored interpreting the 5th Amendment as meaning what it originally meant. This message has been edited by randman, 11-17-2005 01:04 AM
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nwr Member Posts: 6409 From: Geneva, Illinois Joined: Member Rating: 5.3 |
Let's not go off topic for this thread.
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