Discussion in 'Law and Justice System' started by Dot Com, Oct 5, 2011.
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Thank you for the link.
Did you hear Breyer say that interpretation of the Constitution begins
with the reading of the text?
A beneficial OP. I have the Justices' words being played in the background.
Breyer was just on one of the morning shows. He's just written the book. He pointed out on of the great things about the judiciary is that everyone abides by it. He brought up Gore v. Bush. While many hated the decision, there was no revolution, no bloodshed and quite the opposite occurred.
Originalists like Scalia are what I call "fair weather" originalists. They are rigid about their decisions when it supports their particular idealogical agenda, and not so much when the constitutional component of their decision doesn't.
The thing that bugs me about rabid originalists....like the GOP is trying to make everybody these days...is that many of the strict consitutionalists on this web site have no trouble collecting social security and recieving medicare benefits. Originalists and strict consitutionalists should be against SS and medicare, because it's example of the federal governnment exceeding the powers afforded by the constitution. But back on point....too many people these days have been told by conservative media that anything the government does is bad, and any deviation from the constitution and the first ten amendments is bad. It's just not that simple, and I'm dissapointed in people who let conservative media's GOP electioneering efforts put that simplistic poopoo into thier heads.
See, first Breyer says start with the text as the primary source for interpretation...now he's going on with the 'living Constitution' nonsense.
Scalia is now explaining originalism based on the principles of the original text. He's speaking of the death penalty as the perfect example of the difference between originalism and the 'living' idea.
Lindsey grahm (R) is questioning them now. He seems to be pretty smart & pragmatic and I'm not a conservative as many know. Maybe thats why the t- partiers were/are pissed at him
He's about half smart. And he's a waffling pussy.
No wonder you admire him suddenly.
Wow....love Scalia....talking about routine cases that used to be, and should be, in state courts.
Another reason why originalism is correct!
Sen. Mike Lee (R) is questioning them now lol
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