The people of WA and CO just decided pot should be legal; think Scalia agrees?
Joel Send a noteboard - 12/12/2012 07:25:11 PM
You are scared of allowing the people to decided most issues. If the constitution doesn't mention something, it goes to the states. The founders did create a "living constitution", it's called the amendment process.
The only good thing about removing judicial review would be that I would no longer need endure Scalias tortured arguments the Constitution means exactly the opposite of what it actually DOES mean, because he would have no authority to determine what is and is not constitutional. His argument is moot because incorrect, but would equally moot ITSELF if it were correct; it merits no further discussion.
You live by the 9 unelected justices, you die by them. All of those rights you talk about can be taken away by the black robes. That's dangerous.
Judges exist to interpret the law; it is the whole of their job. Words always require interpretation and context even when they are explicit, and vague broad phrases like "general welfare" and "necessary and proper" would establish the Constitution grants implied (if unspecified) powers even if that were not already established.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
What does strict constructionism make of the Ninth Amendment (other than Scalias assertion the Bill of Rights should not be; he is a very impressive constitutional authority, but the impression is far from positive)? Does the Ninth Amendment mean the Constitution established anarchy, or is it completely worthless since it explicitly states no rights, and both its letter and spirit are diametrically opposed to the principles of strict constructionism?
Where was Scalias strict constructionism when he voted to overrule the FL Supreme Courts order of a statewide recount in 2000 (even though the Constitution gives each state sole authority to conduct and regulate its own elections)? Where does the Constitution mention health insurance, giving the SCOTUS the power to rule on it? In fact, where does it mention the SCOTUS' ability to rule ANYTHING unconstitutional or not? Again, if Scalia is right, judicial review is itself unconstitutional, so his opinions on it, on Bush v. Gore, on Robamacare, his opinion of any laws VALIDITY, is nil. If he dislikes a law he can do what any of the rest of us can: Try to change it, because no court can DISALLOW it.
Honorbound and honored to be Bonded to Mahtaliel Sedai
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Slightly better than chocolate.
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Last First in wotmania Chat
Slightly better than chocolate.
Love still can't be coerced.
Please Don't Eat the Newbies!
LoL. Be well, RAFOlk.
SCOTUS Justice Antonin Scalia is brilliant, just brilliant -
11/12/2012 05:09:19 AM
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WTF does "I don’t care what their intent was. I care what it was that they intended" mean?
11/12/2012 09:03:23 PM
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Yeah I read that twice to see if that was right *NM*
11/12/2012 09:36:55 PM
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Part of me pities Scalias decline, because he could once nimbly and convincly argue black is white.
12/12/2012 07:09:56 PM
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Re: your post.
12/12/2012 07:18:18 PM
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More like disapeared in a puff of Florida's own law that they were trying to ignore.
12/12/2012 08:13:13 PM
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Florida state law does not and did not prohibit statewide recounts.
16/12/2012 01:45:52 PM
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Spoken like a true lib.....I could have written that for you.
12/12/2012 05:08:42 AM
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The people of WA and CO just decided pot should be legal; think Scalia agrees?
12/12/2012 07:25:11 PM
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FreshMints decided that the almond aroma of radioactive arsenic is very pleasing...
12/12/2012 08:09:39 PM
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I am aware of Scalias "logic," and his rejection of it about a year later with Robamacare.
16/12/2012 01:51:16 PM
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But you didn't.
13/12/2012 04:06:05 PM
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Yup, yup; the Constitution is all about majority rule WITH minority rights.
16/12/2012 01:56:15 PM
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Your whole rant lacks any logic
12/12/2012 03:46:34 PM
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His comment references the authors (NOT words) intent in both negative and affirmative.
12/12/2012 06:45:02 PM
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I was stumped by his phrasing as well
12/12/2012 09:31:53 PM
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But we must go by his words and his understanding of their meaning, without interpretation.
16/12/2012 01:40:23 PM
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The SCotUS is no place for raging homophobes.
13/12/2012 04:48:30 AM
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Sorry you don't like it, but what he said is true.
13/12/2012 03:11:42 PM
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Lol. Homophobia is synonymous w/ homonegativism. It's not meant to convey a true phobia *NM*
13/12/2012 03:28:01 PM
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Only for people who don't know actually know how to read and understand words. Nice spin though. *NM*
13/12/2012 05:54:29 PM
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So then what we need is a definition of homophobia?
13/12/2012 09:56:15 PM
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Re: So then what we need is a definition of homophobia?
13/12/2012 11:16:46 PM
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-phobe : Greek -phobos, adj. derivative of phóbos fear, panic
13/12/2012 11:32:14 PM
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Do you have a similar problem with "xenophobia?" Because it's exactly the same thing.
14/12/2012 01:30:24 AM
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xenophobia is the fear of the alien... WTF are you trying to say?
14/12/2012 03:03:09 AM
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No. You are patently, objectively incorrect.
14/12/2012 08:39:00 AM
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Don't believe me, ask a Greek it is after all THEIR word. I gave you some extra capitals, happy now? *NM*
14/12/2012 02:56:09 PM
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stop being obtuse
14/12/2012 05:10:41 PM
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Hmmmm lets see, people misuse a word, perverting its meaning...
14/12/2012 07:29:11 PM
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If everyone "misuses" a word, that becomes an acceptable use of it.
14/12/2012 10:14:23 PM
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Re: If everyone "misuses" a word, that becomes an acceptable use of it.
15/12/2012 12:12:18 AM
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and if everryone jumps off a cliff to splatter on the rocks I should just be a good little lemming.
15/12/2012 07:13:27 AM
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actually, you have already chosen stupid by pretending the word means something it does not
15/12/2012 03:34:35 PM
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BWAHAHAHAHAHAHA, my friend John would strenuously disagree.
16/12/2012 06:50:19 AM
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and you are a small-minded buffoon who can't come up with real arguments so you resort to nitpicking
17/12/2012 11:48:25 PM
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