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Thursday, March 2. 2017A Living ConstitutionReynolds asks the right question: Would the Left be so gung-ho about a "Living Constitution" if conservative activists controlled the Supreme Court? Discussed at Althouse. A "living Constitution" just means the politics du jour which can bend with the winds. Trackbacks
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A "living constitution" is no constitution. The constitution then becomes whatever the majority wants it to be and it will use it as the authority to do whatever they want to do. The good thing about the constitution is it clearly delineates the rights of the citizens and clearly limits the authority of the federal government. We have already strayed too far from the word and the intent of the constitution it is way past time to return to it.
Silly farmers. Don't you know that if we want to ignore the Constitution to do something liberal, that is fine. If we want to move from the left back to the Constitutional middle, we are all Hitler.
"living" doesn't mean "changing", it codes for "do/do not like what the USSC just ruled."
only a truly brain dead simpleton believes the federal constitution, as enacted, is even workable today. It is true that the founding fathers couldn't foresee air travel. So I understand the need for a Federal Aviation Administration to keep jets from slamming into each other every time they cross state lines.
But it is preposterous to take that and morph it into a clear breach of the 10th Amendment to allow the central government to decide how states decide to teach their school children, set our speed limits or decide who uses which restroom in a particular state. All the letter and intent of the founding fathers was to let states make day to day decisions for their citizens. So the issue isn't that I want the Constitution to stay locked into the 1789 framework. Article V clearly lays out how to change the letter of the law and we've done it 27 times. And if 38 states choose to cede the powers like education, speed limits and restroom decisions to the central government, then more power to them. My issue is with the central government taking all of the powers promised to states and then getting all bent out of shape when states try to seize what is rightfully theirs. That is a clear breach of contract. there is nothing so obvious about the 10A that you can make a conclusory sweeping statement like that.
ProTip: interpretation of the constitution depends on many things, but contract law is not one of them. there isn't even a federal contract law. there is no national speed limit. there was never a federal bathroom law. I've been called a lot of things before, but "brain dead simpleton" hasn't been one of them. As someone posted earlier "a living Constitution is no Constitution." If you don't like it, amend it.
well, let's try this again.
only a brain dead simpleton believes "the federal constitution, as enacted", meaning, for all the brain dead simpletons out there, without the 14th and 15th amendments, and with slavery preserved, is a brain dead simpleton. did you miss civics class in 5th grade that day? or, if in your world, "due process" meant the same thing in 1800 as 2017, explain why you're not having a stroke. got that? Curious how 5th grade civics balances subsequent case law with original authority. If I may be permitted. Or original intent with textualism.
the fact is, fifth graders, unlike you, would know that the constitution was ratified prior to the 14th and 15th amendments, and that slavery was preserved. they's wonder why anyone sane would think that the constitution in 1790 would work today.
they'd also know what stare decisis actually means, and would not, like you, cite canadian constitutional theory in blathering about american constitutional law. holy shi'ite, do you actually read anything before you blindly link it? ProTip: don't cherry pick legal sounding words from right wing blogs and throw them around as if you had a clue as to their meaning in the world outside right wing blogs.
#3.2.1.1.1
Responding to some loon
on
2017-03-04 13:42
(Reply)
You're so cute when you're cornered.
If you knew a tenth of what you think you're blathering about - because you think it intimidates people who get intimidated by layw-yerz - you'd know that the principles I - admittedly wrongly - thought would educate your blithering, arrogant ignorance are bedrock of American law and its original constitution. You're just going in circles using the ends to justify the means because you've never really considered either where your paycheck is concerned. Good move, yer wership. If you were a tenth as bright as your reflection you'd even know what to do with a clear attempt to contrast your stupitude with, you guessed it, Canada's.
#3.2.1.1.1.1
Donnie the Bear's pet crabs
on
2017-03-04 16:49
(Reply)
glad I got under your skin. but I can do without your homoeroticism.
citing canadian theory to support your american constitutional law fantasy is by far the stupidest move I've seen on MF. worse than zachriels.
#3.2.1.1.1.1.1
you got your five minutes of fame getting bitchslapped
on
2017-03-04 21:44
(Reply)
I will give you credit for standing after being ruled KO'd and dragged bleeding to your corner by a 110# ring harlot. Shaking your tiny fist in victory adds a nice touch.
The way this works, coun-zeler, is that you get to choose either textualism or intentionalism. There are no other choices. Either the text is primary, or you're one of those vapid leftist Living Constitution twats like they have in, you guessed it, Canada. See, coun-zeler, either the law is what the legislature wrote and you don't get to pull a Roberts and reword it so as to refit it to later intent, or you are indeed one of those fruitcakes who bend, fold, mutilate, contort, lobby, corporatize, twist, obfuscate, manipulate, re-legislate, submit to your activist court, reinterpret, mob rule, or generally destroy in order to, among other things, eventually stare decisis the thing completely and entirely out of shape. While it's not clear from your imprecise wording what you are - except maybe incompetent - it is clear you won't touch this topic with a fifty foot law table. I reckon this is because somewhere in your dim recesses you know you're upside down on the issue, trying in vain to balance your meager patriotism and its constitutional textualism - wherein out here among us normals we send law back to the legislature if they can't wield an Oxfords right - with your presumed decades of sloppy thinking from which you'd bend, fold, mutilate, contort, lobby, twist, obfuscate, manipulate, re-legislate, submit to your activist court, reinterpret, mob rule, or generally destroy the text and its intent in order to, among other things, stare decisis the thing completely out of shape. Because while you apparently you haven't the alacrity to make much sense of what the rest of us normals already have, so far you're incapable of addressing the distinction between the original document and 200 years of creep. Meanwhile to like-minded couns-zelors, evidently all y'all think so highly of those two hundred years of rulings that if a ham sandwich were ruled a founding declaration you'd burn the latter for having the audacity to conflict the former. And you'd put the ham sandwich on a plate, serve it with some nice chips and a pickle, tell the world coun-zelors saved this exclusive neo-Konstitushun, and charge a subscription to read it. Because, darn it, somebody's gotta do the heavy lifting. But since your previous word salad didn't favor either textualism or intentionalism, and since your previous word salad cited neither as well, one naturally assumes you're as dim as a PD working her internship somewhere, assuming PDs work internships somewhere. Which with my not knowing the topic where it counts, maybe you could at least clear that up. Oh wait. I've been entirely too conciliatory. Apparently you are a Canadian style Living Konstitushunlist. It sez rite hear, coun-zelor, only a truly brain dead simpleton believes the federal constitution, as enacted, is even workable today. ...which, given your mumbleshipness-u-tude on the general topic, us normals out here will take that as your impenetrable brain fog on what you only think you're on about. Oh snap. Somebody needs to fix your text so it fits your intent. Do you have aides or do you write those opinions yerself? And tell me, do either know what you think? You can see why one would ask.
#3.2.1.1.1.1.1.1
Donnie Morrow's a truly brain dead simpleton
on
2017-03-05 07:07
(Reply)
Reynolds asks the right question: Would the Left be so gung-ho about a "Living Constitution" if conservative activists controlled the Supreme Court?
And how is that the right question? Who could possibly care except codependent rightists who've deceived themselves into thinking they're the resistance one election in twenty? Reynold's blog, aptly named, is for luke-warm neocons who love a daily stream of low-level, tossed-off, quippy partisanship - like "Miss me yet?" Bush posters - far below his putative station, in my view. For a self-styled "Libertarian" I wonder if he's ever challenged 200 years of creep and slide with any public, constitutional enthusiasm or rigor. Who cares what he and especially Obama-voting Althouse have to say about the left? One could argue they are the left for all the good they do. |