We use to teach our children

[RosieS]

So your saying the constitution is mearly a suggestion rather than the supreme law of the land? Tell me, why did they bother to write it down?

why are you ignoring 200 plus years of caselaw? are you saying they're merely a suggestion?

Tell me, is caselaw totally consistent or does it change?
How did the power to keep commerce regular, become the power to micormanage everything that may or may not enter commerce.

If judges used only the Constitution and the law to make decisions why aren't most cases in SCOTUS unanimous?

Because differing times present differing challenges. And the job of the SCOTUS is to interpret law presented to it....not to interpret law 100% unanimously.

Regards from Rosie

 

[Meathead]

urban education?

as opposed to what?

Take your pick, a master's in Gay and Lesbian Haiku perhaps?

again... i was asking what the heck an urban education is.

last i checked i didn't get my degree in haiku.

and i'm thinking that you didn't get a degree.

not that there's anything wrong with that... it's the contempt you have for people who did that is noteworthy.

In fact I do have a degree, but I would certainly not mention it if it were in Urban Education, especially if I were to use it as "expertise" in an argument

 

[Dick Tuck]

The Constitution is a living document...

Can you please point to the wording in the law that supports this point?

Or are you suggesting we should not have federal laws that must be upheld...to be determined by whomever is in power?

My goodness, and you dare to call libertarians anarchists!

Article 3 section 2 and Article 5.

 

[Paulie]

Instead of 100's of years of caselaw and wasted time, why not pass an amendment that establishes the exact details of the limitations in the enumerated powers?

 

[jillian]

it's not unconstitutional if the court says it isn't.

Wrong. Only the people get to make that final determination. Good luck when we come to that.

lol.. no... the entire point of the court being the final arbiter is to keep wackos from changing things precipitiously and infringing on the rights of the minority.

you really might find it helpful to actually read some caselaw.

what do you think the purpose of the court is? to rubber stamp your will?

 

[jillian]

Instead of 100's of years of caselaw and wasted time, why not pass an amendment that establishes the exact details of the limitations in the enumerated powers?

because we're based on the english common law system.

 

[Paulie]

The Constitution is a living document...

Can you please point to the wording in the law that supports this point?

Or are you suggesting we should not have federal laws that must be upheld...to be determined by whomever is in power?

My goodness, and you dare to call libertarians anarchists!

Article 3 section 2 and Article 5.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

This would seem to actually restrict the court from being the final say on law.

 

[peach174]

Yes, it's to bad that our schools are teaching socialism indoctrination instead of freedom from government.

how about you answer actual questions?

do you have children in school NOW?

what are you basing your nonsense on?

No I don't have any kids in school now.
I'm basing it on my next door neighbors 8 year old kid, with what she is learning in the public school and my other neighbors kids who are home schooled.
Her Dad is having to teach her how to read. The public school has not taught her adequately how to read.
The home schooled kids run circles around the one who is learning in the public school.
I also have two next door neighbors who teach at the Benson Public School. They are very frustrated with the school system and how it is being run.

 

[Dick Tuck]

it's not unconstitutional if the court says it isn't.

Wrong. Only the people get to make that final determination. Good luck when we come to that.

Wrong. The states get to make the final determination, and there, it takes a 2/3rds majority to do so. It's happened 27 times in our history.

 

[B. Kidd]

Can you please point to the wording in the law that supports this point?

Or are you suggesting we should not have federal laws that must be upheld...to be determined by whomever is in power?

My goodness, and you dare to call libertarians anarchists!

what does due process mean absent caselaw?
what does unreasonable search and seizure mean absent caselaw?
what is custodial interrogation absent caselaw defining custody and interrogation?
what limitations are there in the right of the federal government to regulate commerce among the several states absent caselaw?
what individual rights exist as a result of the bill of rights absent caselaw?

Nobody is suggesting caselaw has no place...unless it seeks to usurp the law of the land.

Something new and completely different comes along,( i.e. Obiecare), and SCOTUS has to rule. Caselaw differs from legislative law, as legislative laws land more significantly in the realm of SCOTUS, like Obiecare.
Caselaw, which primarily resides in lower Courts then SCOTUS, have what is called 'binding precedents' that disabuse them from landing in the high Courts.

 

[RosieS]

Can you please point to the wording in the law that supports this point?

Or are you suggesting we should not have federal laws that must be upheld...to be determined by whomever is in power?

My goodness, and you dare to call libertarians anarchists!

Article 3 section 2 and Article 5.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

This would seem to actually restrict the court from being the final say on law.

How so? The SCOTUS being the final court of appeal has worked well. One faction or another has been unhappy about its rulings....but the Republic is strong and healthy.

So much so that Congress hasn't tried to change a thing. Smartest thing they do.

Regards from Rosie

 

[Dick Tuck]

Can you please point to the wording in the law that supports this point?

Or are you suggesting we should not have federal laws that must be upheld...to be determined by whomever is in power?

My goodness, and you dare to call libertarians anarchists!

Article 3 section 2 and Article 5.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

This would seem to actually restrict the court from being the final say on law.

Without congressional intervention, or an amendment, the court is the final say.

 

[Dick Tuck]

Yes, it's to bad that our schools are teaching socialism indoctrination instead of freedom from government.

how about you answer actual questions?

do you have children in school NOW?

what are you basing your nonsense on?

No I don't have any kids in school now.
I'm basing it on my next door neighbors 8 year old kid, with what she is learning in the public school and my other neighbors kids who are home schooled.
Her Dad is having to teach her how to read. The public school has not taught her adequately how to read.
The home schooled kids run circles around the one who is learning in the public school.
I also have two next door neighbors who teach at the Benson Public School. They are very frustrated with the school system and how it is being run.

Perhaps your neighbors are telling you what they think you want to hear, because you're a wingnut pain in the ass. I was very happy with my kids public education and am pleased with how well they turned out.

 

[B. Kidd]

Paulie, before taking Rosie the Union Riveter or Dick Tuck, Grammar P.I. 's word on law, google 'precedent' at Wikipedia.
You'll actually learn something.

 

[peach174]

Instead of 100's of years of caselaw and wasted time, why not pass an amendment that establishes the exact details of the limitations in the enumerated powers?

We already have it, in our Constitution - Article I - Sec. 8
It spells it out very clearly what out Federal Government can do. The rest is left to the States.
Washington D.C. has ignored it for almost a century as it continues to grow and spend beyond it's means, as well as taking away our freedoms. Both Parties are doing it.

 

[RosieS]

Instead of 100's of years of caselaw and wasted time, why not pass an amendment that establishes the exact details of the limitations in the enumerated powers?

We already have it, in our Constitution - Article I - Sec. 8
It spells it out very clearly what out Federal Government can do. The rest is left to the States.
Washington D.C. has ignored it for almost a century as it continues to grow and spend beyond it's means, as well as taking away our freedoms. Both Parties are doing it.

So seek redress of your grievances. It is your right to do so. If you feel that your vote doesn't count because those who you want don't win....remember this is yet another generational change and age gracefully.

This ain't nothing compared to coming years when whites will be a minority. White under 18's already are.

Makes Urban Ed. VERY valuable. Muhahaha!

Regards from Rosie

 

[peach174]

how about you answer actual questions?

do you have children in school NOW?

what are you basing your nonsense on?

No I don't have any kids in school now.
I'm basing it on my next door neighbors 8 year old kid, with what she is learning in the public school and my other neighbors kids who are home schooled.
Her Dad is having to teach her how to read. The public school has not taught her adequately how to read.
The home schooled kids run circles around the one who is learning in the public school.
I also have two next door neighbors who teach at the Benson Public School. They are very frustrated with the school system and how it is being run.

Perhaps your neighbors are telling you what they think you want to hear, because you're a wingnut pain in the ass. I was very happy with my kids public education and am pleased with how well they turned out.

Never mind that a large majority of this Nation thinks the same thing about our lousy public schools.
XXXXXXX

 

[OKTexas]

why are you ignoring 200 plus years of caselaw? are you saying they're merely a suggestion?

Tell me, is caselaw totally consistent or does it change?
How did the power to keep commerce regular, become the power to micormanage everything that may or may not enter commerce.

If judges used only the Constitution and the law to make decisions why aren't most cases in SCOTUS unanimous?

Because differing times present differing challenges. And the job of the SCOTUS is to interpret law presented to it....not to interpret law 100% unanimously.

Regards from Rosie

That's where you got it wrong, law is black and white, they're are not open to interpretation, a judge is there to apply law. A law applies to a situation or it doesn't, judges don't have the authority to legislate through interpretation, ligislation is reserved to congress or state legislatures. If judges didn't inject themselves into their decisions and only used the law they all should come to the same decision 99% of the time. Not be on the opposite side 99% of the time. That's why I have no respect for caselaw, too many individuals inserting their own idiology into the mix and in many cases ignoring actual law.

If you actually read the decision on Maobamacare written by Roberts, it was the biggest exercise in circular reasoning I've ever seen. I'm not a lawyer but I would love to publically debate him on that decision, I could rip him a new one.

 

[peach174]

Facts about our Public Schools

Unsettling Education Statistics

Students are not faring well on national assessments. The most recent NAEP assessments indicate that less than one third of U.S. fourth graders are proficient in reading, mathematics, science, and American History.
More than half of low income students cannot even demonstrate basic knowledge of science, reading, and history.
U.S. eighth graders ranked 19th out of 38 countries on mathematic assessments and 18th in science.
U.S. twelfth graders ranked 18th out of 21 countries in combined mathematics and science assessments.

 

[Dick Tuck]

No I don't have any kids in school now.
I'm basing it on my next door neighbors 8 year old kid, with what she is learning in the public school and my other neighbors kids who are home schooled.
Her Dad is having to teach her how to read. The public school has not taught her adequately how to read.
The home schooled kids run circles around the one who is learning in the public school.
I also have two next door neighbors who teach at the Benson Public School. They are very frustrated with the school system and how it is being run.

Perhaps your neighbors are telling you what they think you want to hear, because you're a wingnut pain in the ass. I was very happy with my kids public education and am pleased with how well they turned out.

Never mind that a large majority of this Nation thinks the same thing about our lousy public schools.

"A large majority"? I'd say a large majority is happy with their kids teachers and school system.