- Thread starter
- #21
People disagree with Supreme Court decisions all the time. Right now, several states are challenging the decision on Roe Vs. Wade. Are they unpatriotic, or traitorous?
Heller struck down laws that were on the books for decades. McDonald did too. We see Conservatives celebrate these successful challenges. We see many of the same Conservatives snarl and gnash their teeth at the various rulings that they hate.
How many times have politicians on the right and left immediately rushed out and rewritten a law that was struck down, so it complies with the Supreme Court decision striking down a similar law?
If you wonder why that is, it is because nobody views the Constitution properly. Not the right, nor the left. Many on the right detest the various decisions upholding the prohibitions on how suspects and prisoners are treated. Many on the Left are just as contemptuous of decisions failing to uphold similar prohibitions.
The Bill of Rights enumerated the Inalienable Rights. The rights provided by God, the Universe, Natural Law, or the Great Pumpkin if you wish. Rights that exist for Man that no other man may affect. The basis for that is the idea that all rights for British Citizens are derived from the Crown. The founders of this nation believed those rights existed long before the Crown got involved.
So the Bill of Rights was written as the Ten Commandments. Thou Shall Not. Just as there is no legal definition for Thou Shall Not Covet your Neigbors...... Just as there is no exact definition of Honor thy Father and Mother. You know what it is, and you know when you are doing what you aren’t supposed to.
The Bill of Rights was written the same. It doesn’t say The Supreme Court shall strike down as invalid any law passed by Congress.....
Nah. I hear you on info and concerns, but the political left overwhelmingly hates natural and constitutional law and the rights thereof, not the political right.
Both sides have an irrational hatred of parts of the Constitution. The left hates the Second Amendment, and is not as faithful to the First as they want to believe. The Right hates the 4th, 5th, and 6th amendments.
To give you an example. The right is a big fan of Stop and Frisk. This action plainly violates the 4th. Yet the Right which can discuss the intent and history of the Second like Constitutional Scholars refuses to even consider the reasons behind the 4th Amendment. They shout that if you have nothing to hide you have nothing to fear.
I am sure the British said much the same thing as they strive to stomp out the Treasonous Rebellion in the big dust up.
Both the Left and Right think the Constitution is an obstacle to get around, or over. They do not understand that like religious texts you have to take it all into your heart, not just the parts that appear to justify what you want to do.
If the “Strict Constitutionalists” of the right believed in viewing the document as a guide, they would be up front and screaming the loudest when police misconduct was exposed. The truth is that the Constitution was always intended to protect the individual from the abuse of Government.
In many was it is like taxes. The Government needs to take as much as is required to do what it must. The problem is raised when it is not enough to do what it wants. The founders imagined a future where you and your fellow citizens held the elected and theoretically most powerful people in Government to account. You would fire them for doing what they were not supposed to do. You don’t. They don’t. Neither the left nor the right do it. We have stopped evolving at the point of the big Homecoming Game. Our team is awesome. We are red. Their team sucks. They are blue. On the other side of the stadium, they are shouting the same thing, only with blue being superior.
Issues and Principles have taken a back seat to brand loyalty. It is Ford vs. Chevy. Toyota versus Nissan. Neither side is right. Both are wrong. And when you get someone to admit his side is wrong about an issue, they point and scream that the other side is a lot more wrong on a lot of other issues.
The short version. Our side sucks, your side sucks way more.
Let’s take another issue. The Justice Department investigations into police departments. If the purpose of the Federal Government and elected officials is to defend the Constitution, and the rights of the citizens. Why stop those investigations? Why not treat them like an audit, to see where you can be doing a better job. Often we are too close to an action to see the big picture. Or the individuals doing it are ignorant that they are doing it wrong. Or they are knowingly violating the Constitution out of meanness and spite. It doesn’t matter, what matters is stopping it.
Many people blame Obama, but those investigations happened under Bush too. The right cheered the end of those investigations. Why? It was obvious they were uncovering Constitutional violations. In the case of the Los Angeles Sheriff’s Department more than a hundred violations in their policies and practices. Things they were doing every day.
How many people’s rights are going to be violated today? How many were violated yesterday? One, a thousand? Several Thousand? One is too many. One person deprived of their Second Amendment Rights is too many. One deprived of any right is too many. It is our job as Voters to demand this of our politicians. It is our job as citizens to say no when we see or hear of it. Yet how many excuse it? Or find a way to get over, or around, or put a door called an exception that the wall of the right is supposed to represent?
Yes. The left and right are both awful where the Constitution is discussed. Neither side accepts the restrictions.
"To give you an example. The right is a big fan of Stop and Frisk. This action plainly violates the 4th. "
Pllleeeeeeezzzzzz!!!!
"THE CONSTITUTION IS NOT A SUICIDE PACT"
Interesting how every time someone points out an action is Unconstitutional someone screams that tired and worn out lie. The left shouts it whenever the Second Amendment is brought up. The founders could not imagine modern firearms. And even if they did the Constitution is not a suicide pact.
The Constitution has a mechanism in place to allow for changing circumstances. It is called an Amendment. If a change is desired, say the abolition of Slavery, or the end of the gender segregation through suffrage. The process is an amendment. Not a redefinition of terms or a worn out old lie.
Because the question is not if the Constitution is a suicide pact. It is what rights will we be left with once we except ourselves into irrelevant peasants serving our lords and masters.
"The founders could not imagine modern" blah blah blah.......
"Judge Bork makes the point that Originalists can easily apply timeless constitutional commands to new technologies, such as wiretapping and television, and to changed circumstances, as suits for libel and slander. All the judge needs is knowledge of the core value that the Framers intended to protect. And, while we may not decide every case in the way the Framers would have, “entire ranges of problems will be placed off limits to judges, thus preserving democracy in those areas where the framers intended democratic government.”
Clearly, you're not well-read.
If you ever decided to begin reading....start here: