Judicial Review vs. Constitutional Government

Discussion in 'Law and Justice System' started by Kevin_Kennedy, Jul 24, 2009.

  1. Kevin_Kennedy
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    Kevin_Kennedy Defend Liberty

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    Judicial Review vs. Constitutional Government by Kevin R. C. Gutzman

    I thought this article was interesting concerning the nature of the discussion in the Feds Override Montana State Law thread.
     
  2. CrimsonWhite
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    CrimsonWhite *****istrator Emeritus Supporting Member

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    Gutzman is a sharp cat, but he is also a professional student who lacks the balls to actually apply what he has learned in his pursuit of what I believe to be 6 degrees. I have a hard time respecting opinions on law from people that study for a living.

    That said, it is a very interesting piece that is completely irrelevant in practice. Marshall was correct in interpreting what the Constitution actually says and not the intent of teh Framers. Intent was not ratfied, a document was.
     
  3. Kevin_Kennedy
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    Kevin_Kennedy Defend Liberty

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    Yet the Constitution was ratified with a certain interpretation, otherwise the Anti-Federalists would have put up a much stronger fight against it. If you suddenly change the interpretation after the fact then you are committing fraud.
     
  4. CrimsonWhite
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    CrimsonWhite *****istrator Emeritus Supporting Member

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    It was ratified in Virginia with a certain interpretation. It was ratified in 12 other states with different interpretations. That s what makes Gutzman's Virginia reference irrelvant.
     
  5. Oddball
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    Oddball BANNED Supporting Member

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    Thank you, George Orwell.
     
  6. CrimsonWhite
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    CrimsonWhite *****istrator Emeritus Supporting Member

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    :lol:

    So what is the root of ths reference? Socal injustce, anti-totalitarnism, democratic socialism or a belief in clearer meanings?
     
  7. Kevin_Kennedy
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    Kevin_Kennedy Defend Liberty

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    I disagree. The states were made up of Federalists and Anti-Federalists and to get the Anti-Federalists on board with the Constitution the Federalists had to assure them that the Constitution did in fact create a strictly limited government and that a Bill of Rights would be added just to make sure. I believe all the states ratified the Constitution believing that it was going to strictly limit the government to exactly what it said. Of course, it turns out the fears of the Anti-Federalists were very well founded but that doesn't change anything.
     
  8. Oddball
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    Oddball BANNED Supporting Member

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    The reference has to do with making up the definitions of words as you go along.

    War is Peace

    Freedom is Slavery

    Ignorance is Strength
     
  9. CrimsonWhite
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    CrimsonWhite *****istrator Emeritus Supporting Member

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    Sure, because that is exactly what I have done. Do you have anything useful to add or are you simply going to continue showering us with useless literture references.
     
  10. Oddball
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    Oddball BANNED Supporting Member

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    You mean "useless literature references" like the Federalist and Anti-federalist papers??

    check.
     

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