Breaking the Constitution

PoliticalChic

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1. Just as the adage goes, "for Liberals, feeling often passes for knowing," so, too, do good intentions surpass results or methodology.....in any and every endeavor.

This view explains why slavery and oppression by communism, socialism, and even fascism (if instituted by Liberals/Progressives), are met with a shrug by Liberals and Progressives.

Although the Constitution, the greatest memorialization of mankind's ability to govern itself, is nominally known as 'the law of the land,' Leftists have no intention of honoring it as such.
Instead, they kill it with the prefix 'living.'




2. Until Franklin Roosevelt, America functioned via the Constitution, and the Founder's guidance. During Roosevelt's term, that changed. It's most clearly seen is comparison with the man who had the second greatest number of vetoes....Grover Cleveland. Cleveland refused to allow expenditures on endeavors not authorized under the enumerated powers....including charity.

a. “The powers delegated by the proposed Constitution to the Federal Government, are few and defined. Those which are to remain in the State Governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will for the most part be connected.

The powers reserved to the several States will extend to all the objects, which, in the ordinary course of affairs, concern the lives, liberties and properties of the people; and the internal order, improvement, and prosperity of the State.”
James Madison, Federalist #45, January 26, 1788

If only.



The control exercised by Liberals has altered 'justice' to some rationalization that they call 'social justice.'

3. The meaning of the United States Constitution is “fixed by the original meaning of its words,” according to the authors of a highly engaging new book titled, simply,The Constitution: An Introduction. [ by Michael Stokes Paulsen and Luke Paulsen]....

a. ... music to the ears of originalists like Justice Antonin Scalia—underlies the book’s central theme: defending the Constitution’s text against those politicians and judges who “seek to rewrite [its] terms in the service of what are thought to be desirable policies.” [Good intentions above all!]

4. .... —the book does an excellent job of placing legal controversies in historical context.... critiquing the modern era of judicial activism. .... the Warren Court (1953–69) produced “careless” decisions, because the justices were focused on achieving policy goals rather than upholding the law.
[Upholding the law: secondary for Liberals]


a. The nadir of this results-oriented jurisprudence was, ... the Court’s 1973 decision in Roe v.Wade, which invented a federal right to abortion on demand. The authors assail Roe as “the most extreme example of judicial activism in the twentieth century.”

b. They even compare the decision—unfavorably—toDred Scott, the notorious pro-slavery decision that helped provoke the Civil War. “Not evenDred Scott,” they argue, “so completely seemed to disregard the text asRoedid.”
Against Judicial Activism by Adam Freedman City Journal June 16 2015



Who could argue that everything the authors claim is less than true an accurate?
 
FDR was of the school of thought that the constitution was a living institution and could be adapted by the court to adjust to changing times and circumstances. The other school of thought is that the constitution should be strictly followed. The debate continues till this very day.
FDR was not the first President to challenge the meanings of the constitution. This is not a debate about the above mentioned living constitution vs. strict adherence. It is obviously another anti FDR platform that the OP is obsessed with. Look at #2 of her post. Same old garbage of planting misinformation that all her junk follows. "Until Franklin Roosevelt, America functioned via the constitution,". FDR challenged everything and everyone, including the constitution, but he followed the ruling of the court and adjusted to it's rulings. He pushed, but when pushed back by SCOTUS rulings there was never any doubt that the Executive Branch would follow the rulings of the Judicial Branch the way the constitution instructed. He simple read the rulings and adjusted. A case in point was recently discussed in another thread. The 1935 Coal Act was ruled unconstitutional. FDR rewrote it and the 1937 Coal Act passed and was approved by the court. Fix what is broken and move on.
 
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Roe and Dred Scott were activist decisions. So was Plessy, so was Brown, so was Citizens United.

Wha'ts your point? That we disagree in a democratic republic while protecting minority rights? OK.
 
FDR was of the school of thought that the constitution was a living institution and could be adapted by the court to adjust to changing times and circumstances. The other school of thought is that the constitution should be strictly followed. The debate continues till this very day.
FDR was not the first President to challenge the meanings of the constitution. This is not a debate about the above mentions living constitution vs. strict adherence. It is obviously another anti FDR platform that the OP is obsessed with. Look at #2 of her post. Same old garbage of planting misinformation that all her junk follows. "Until Franklin Roosevelt, America functioned via the constitution,". FDR challenged everything and everyone, including the constitution, but he followed the ruling of the court and adjusted to it's rulings. He pushed, but when pushed back by SCOTUS rulings there was never any doubt that the Executive Branch would follow the rulings of the Judicial Branch the way the constitution instructed. He simple read the rulings and adjusted. A case in point was recently discussed in another thread. The 1935 Coal Act was ruled unconstitutional. FDR rewrote it and the 1937 Coal Act passed and was approved by the court. Fix what is broken and move on.



"This is not a debate about the above mentions living constitution vs. strict adherence. It is obviously another anti FDR platform that the OP is obsessed with..."

Spin…altering the truth without altering the facts.



Why do you imagine the law is written if not for "strict adherence"????
How often do you see the phrase 'sort of' or 'some times' in a law?
How often, you dope?


"Living Constitution" means ignoring the Constitution.
That's what Liberals do.

And who is the law-breaker most responsible?
Franklin Roosevelt.
 
It's like we're Jerusalem in about 69 and 3/4 AD. We're so far from where we started and took a wrong turn that we never corrected
 
This is merely another anti-FDR far right spin against one of the three greatest American presidents. The can't see'ems like PC have no effect on that. And, no, we are not Jerusalem, and, Frank, you are not a Zealot.
 
This is merely another anti-FDR far right spin against one of the three greatest American presidents. The can't see'ems like PC have no effect on that. And, no, we are not Jerusalem, and, Frank, you are not a Zealot.


That doesn't respond to anything in the thread to which you subscribed.....

...but, then...you're a moron, so that explains it.
 
The POINT is that the Constitution is the supreme law of the land, and it should ONLY be changed through the process defined in Article V - particularly when those changes reflect substantive policy differences with pre-existing law. The Supreme Court cannot make policy; that is the role of Congress and the President.

Roe v. Wade is one of the most poignant examples, in which the Court overturned almost 200 years of settled law, and basically drafted a new "constitutional" amendment, based on their own personal feelings on the matter.

There are times when the Court must humbly stand aside and say, "We think this is unwise, but it is not our role to re-write laws or the Constitution to suit our own preferences." Believe it or not, the Court has done so in the past.

The worst part of "Constitutional Law," as it now stands, is that (basically) half of the country buys the notion that the Supreme Court ought to sanction every law that THEY think is a good idea, and write an opinion that "proves" the Constitution already says or means what they want it to say or mean.

And Congress allows the USSC to get away with it because they don't want to take on the hot issues of the day directly (via Constitutional Amendment) for fear of losing votes.

If you want to get a "Progressive" riled up, ask her where the Federal Government gets the power to implement a compulsory retirement program. Clearly, there I no such right in the Constitution, so the point to a USSC case.

It doesn't work that way. If it is not in the Constitution, the Feds do not have the power. Period.
 
Can you imagine....an imbecile coddling law-breakers....specifically, breaking the 'law of the land,' by stating that one need not 'strictly adhere' to same???

We seem to have lots of 'em....they're called Liberals.
And the Rosie-boys, the Roosevelt groupies, the worst of the bunch.


7. As Chief Justice Rehnquist propounded, there is no basis for a judge making a decision not tied to the Constitution itself....exactly what the frauds known as Liberals do:

"[Liberal judicial activism] seems instead to be based upon the proposition that federal judges, perhaps judges as a whole, have a role of their own, quite independent of popular will, to play in solving society’s problems. Once we have abandoned the idea that the authority of the courts to declare laws unconstitutional is somehow tied to the language of the Constitution that the people adopted, a judiciary exercising the power of judicial review appears in a quite different light."
WILLIAM H. REHNQUIST
http://www.law.harvard.edu/students/orgs/jlpp/Vol29_No2_Rehnquist.pdf



6. "Rather than citing the Constitution’s actual language, the Roe Court relied on the doctrine of “substantive due process,” the idea that the Due Process Clause of the Fourteenth Amendment empowers judges to strike down laws that they consider flawed, even if not strictly unconstitutional.

That doctrine had been strongly endorsed by the Court eight years earlier in Griswold v.Connecticut, in which Justice William O. Douglas famously discovered a constitutional right to privacy hidden in “penumbras, formed by emanations” of the First, Third, Fourth, Fifth, and Ninth Amendments."
Against Judicial Activism by Adam Freedman City Journal June 16 2015



In pretending that they respect the Constitution, Liberals are acknowledging that most Americans do....and they my suffer consequences if they reveal their true intents.
 
The POINT is that the Constitution is the supreme law of the land, and it should ONLY be changed through the process defined in Article V - particularly when those changes reflect substantive policy differences with pre-existing law. The Supreme Court cannot make policy; that is the role of Congress and the President.

Roe v. Wade is one of the most poignant examples, in which the Court overturned almost 200 years of settled law, and basically drafted a new "constitutional" amendment, based on their own personal feelings on the matter.

There are times when the Court must humbly stand aside and say, "We think this is unwise, but it is not our role to re-write laws or the Constitution to suit our own preferences." Believe it or not, the Court has done so in the past.

The worst part of "Constitutional Law," as it now stands, is that (basically) half of the country buys the notion that the Supreme Court ought to sanction every law that THEY think is a good idea, and write an opinion that "proves" the Constitution already says or means what they want it to say or mean.

And Congress allows the USSC to get away with it because they don't want to take on the hot issues of the day directly (via Constitutional Amendment) for fear of losing votes.

If you want to get a "Progressive" riled up, ask her where the Federal Government gets the power to implement a compulsory retirement program. Clearly, there I no such right in the Constitution, so the point to a USSC case.

It doesn't work that way. If it is not in the Constitution, the Feds do not have the power. Period.



Excellent post.....we're certainly on the same page.

If only the totalitarians currently in charge agreed.
You can see in the several disagreements in the thread that the 'duh...yup, yup...' coterie has checked in.
 
This is merely another anti-FDR far right spin against one of the three greatest American presidents. The can't see'ems like PC have no effect on that. And, no, we are not Jerusalem, and, Frank, you are not a Zealot.
She has simply cut and pasted the conservative Adam Freidman's review of the Paulson and sons book. Other's give different reviews with differing spins or less agenda driven spin. The Kirkusreview.com is an example.

kirkusreviews.com/book-reviews/michael-stokes-paulson/the-constitution/
 
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This is merely another anti-FDR far right spin against one of the three greatest American presidents. The can't see'ems like PC have no effect on that. And, no, we are not Jerusalem, and, Frank, you are not a Zealot.


That doesn't respond to anything in the thread to which you subscribed.....

...but, then...you're a moron, so that explains it.
There is nothing to respond to on the thread, which explains your mentally unbalanced focus about FDR . . . which explains your obsession.
 
This is merely another anti-FDR far right spin against one of the three greatest American presidents. The can't see'ems like PC have no effect on that. And, no, we are not Jerusalem, and, Frank, you are not a Zealot.
She has simply cut and pasted the conservative Adam Freidman's review of the Paulson and sons book. Other's give different reviews with differing spins or less agenda driven spin. The Kirkusreview.com is an example.

kirkusreviews.com/book-reviews/michael-stokes-paulson/the-constitution/
thats why she's USMB's :up: cutnpaste queen
 
This is merely another anti-FDR far right spin against one of the three greatest American presidents. The can't see'ems like PC have no effect on that. And, no, we are not Jerusalem, and, Frank, you are not a Zealot.
She has simply cut and pasted the conservative Adam Freidman's review of the Paulson and sons book. Other's give different reviews with differing spins or less agenda driven spin. The Kirkusreview.com is an example.

kirkusreviews.com/book-reviews/michael-stokes-paulson/the-constitution/
thats why she's USMB's :up: cutnpaste queen
:lol:
 
This is merely another anti-FDR far right spin against one of the three greatest American presidents. The can't see'ems like PC have no effect on that. And, no, we are not Jerusalem, and, Frank, you are not a Zealot.
She has simply cut and pasted the conservative Adam Freidman's review of the Paulson and sons book. Other's give different reviews with differing spins or less agenda driven spin. The Kirkusreview.com is an example.

kirkusreviews.com/book-reviews/michael-stokes-paulson/the-constitution/


What a perfect example of a Rosie-boy lying via spin!

You provide a link implying that it differs from the article I've posted.

It doesn't.


This is from your link.
"They devote the bulk of their narrative to a compressed, evenhanded history of the Constitution’s interpretation and the ongoing struggle to wrestle meaning from the words at the heart of our democracy. No important case goes unmentioned, no significant crisis or controversy unexplored. Some readers will quarrel with the authors’ insistence on the immutability of the Constitution’s words or perhaps with their commentary on particular cases, especially Roe v. Wade, Marbury v. Madison, and United States v. Nixon. Many will be surprised at their insistence that constitutional interpretation is not solely the province of the courts."


"...authors’ insistence on the immutability of the Constitution’s words..."

Exactly.


I've regularly posted that you are a liar and a fool

Seems so.
 
This is merely another anti-FDR far right spin against one of the three greatest American presidents. The can't see'ems like PC have no effect on that. And, no, we are not Jerusalem, and, Frank, you are not a Zealot.
She has simply cut and pasted the conservative Adam Freidman's review of the Paulson and sons book. Other's give different reviews with differing spins or less agenda driven spin. The Kirkusreview.com is an example.

kirkusreviews.com/book-reviews/michael-stokes-paulson/the-constitution/
thats why she's USMB's :up: cutnpaste queen



Why is it you never bring anything to the table?

Oh...right, ....because you're stupid.
 
PC melts down and attacks others personally without replying to the OP. She should be put on slow down until she learns better.

No, no one is breaking the Constitution as the thread suggests..
 
PC melts down and attacks others personally without replying to the OP. She should be put on slow down until she learns better.

No, no one is breaking the Constitution as the thread suggests..




But you're known as a liar and a fool, aren't you, 'fakey'?
 

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