I have no objection to...

DGS49

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Apr 12, 2012
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...socialized medicine, allowing abortion under some circumstances, voiding sodomy laws, re-defining the institution of marriage, loosening the old "pornography" laws, or eliminating the death penalty.

As long as these measures - none of which is contemplated in the Constitution - are done legitimately by the action of the Congress and/or 2/3 of the state legislatures, according to the U.S. Constitution.

But Congress is prohibited from creating a federal health care system by Article I and the Tenth Amendment; the Constitution does not define a "person" for Constitutional purposes; there is no "Constitutional" right of privacy, on which the made-up right to bugger your buddy or marry someone of the same gender is based; the First Amendment has nothing to do with pornography (it deals with one's right to criticize the government without being punished for it), and; the death penalty is clearly Constitutional, called out specifically in the Fifth and Fourteenth Amendments.

What bothers me about the current state of "Constitutional law," and Progressive "Constitutional scholarship," is that it IGNORES the Constitution, or RE-WRITES the Constitution, or MAKES PROVISIONS UP in the Constitution, with total disregard of the Constitution itself and its clear provisions for making amendments (Article 5).

It is my personal and very strong belief that the reason why "Progressives" ignore the requirements for changing the Constitution is because their agenda could NEVER be implemented democratically; it MUST be implemented by subversive Federal judges and justices.

They want to (and have, for the most part) eliminate the death penalty, while the majority of Americans still support it as an ultimate penalty for our worst offenders. So they have seen to it through abusing the court system that it is almost impossible to execute someone. They want an unfettered "Constitutional right" to get or perform an abortion, but know that they could never pass an Amendment defining where human life begins because their position is the clear minority position in this country (and becoming less and less popular as time goes on). Ultimately, the would like to eliminate the Tenth Amendment (and remove all constraints on what Congress can do), but know that the people and the state legislatures would never go along with it.

So they continue to bend, fold, and mutilate the Constitution, pretending all the while to be adhering to it, and using bullshit catchphrases like, "living document" to justify their subversion.

It's an ugly bit of business.
 
...socialized medicine, allowing abortion under some circumstances, voiding sodomy laws, re-defining the institution of marriage, loosening the old "pornography" laws, or eliminating the death penalty.

As long as these measures - none of which is contemplated in the Constitution - are done legitimately by the action of the Congress and/or 2/3 of the state legislatures, according to the U.S. Constitution.

But Congress is prohibited from creating a federal health care system by Article I and the Tenth Amendment; the Constitution does not define a "person" for Constitutional purposes; there is no "Constitutional" right of privacy, on which the made-up right to bugger your buddy or marry someone of the same gender is based; the First Amendment has nothing to do with pornography (it deals with one's right to criticize the government without being punished for it), and; the death penalty is clearly Constitutional, called out specifically in the Fifth and Fourteenth Amendments.

What bothers me about the current state of "Constitutional law," and Progressive "Constitutional scholarship," is that it IGNORES the Constitution, or RE-WRITES the Constitution, or MAKES PROVISIONS UP in the Constitution, with total disregard of the Constitution itself and its clear provisions for making amendments (Article 5).

It is my personal and very strong belief that the reason why "Progressives" ignore the requirements for changing the Constitution is because their agenda could NEVER be implemented democratically; it MUST be implemented by subversive Federal judges and justices.

They want to (and have, for the most part) eliminate the death penalty, while the majority of Americans still support it as an ultimate penalty for our worst offenders. So they have seen to it through abusing the court system that it is almost impossible to execute someone. They want an unfettered "Constitutional right" to get or perform an abortion, but know that they could never pass an Amendment defining where human life begins because their position is the clear minority position in this country (and becoming less and less popular as time goes on). Ultimately, the would like to eliminate the Tenth Amendment (and remove all constraints on what Congress can do), but know that the people and the state legislatures would never go along with it.

So they continue to bend, fold, and mutilate the Constitution, pretending all the while to be adhering to it, and using bullshit catchphrases like, "living document" to justify their subversion.

It's an ugly bit of business.

Did Roberts say that it was a "living document" in his opinion on the ACA?

Did Kennedy cite it in the various decisions on homosexuality?

Did Blackmun cite it in his opinion on Roe?

No. For they were appointed by Republican presidents, after all.
 
So they continue to bend, fold, and mutilate the Constitution, pretending all the while to be adhering to it, and using bullshit catchphrases like, "living document" to justify their subversion.
How about that piece of BS called "original intent"? It's a catchphrase intended to further the lie that all the FFs had the same intent. Anyone with half a brain should realize that's statistically impossible.
 
... the Constitution does not define a "person" for Constitutional purposes;...
It doesn't define "speech," "religion," or "press" either, but their meanings are understood.

... there is no "Constitutional" right of privacy, on which the made-up right to bugger your buddy or marry someone of the same gender is based; ...
9th Amendment.
 
One can't expect serious, good faith debate about the Constitution and its case law when the thread premise is predicated on ignorance, misinformation, and lies.

For example: Obergefell did not 'redefine marriage,' the notion is a ridiculous lie.

Marriage law can accommodate two consenting adult partners not related to each other in a relationship recognized by the state – same- or opposite sex.

For the states to seek to deny same-sex couples access to marriage law they're eligible to participate in violates the Due Process and Equal Protection Clauses of the 14th Amendment, marriage unchanged, unaltered, and not 'redefined.'

Obergefell is the progeny of settled, accepted 14th Amendment jurisprudence dating back well over 100 years. (See e.g. Civil Rights Cases (1883))

Moreover, the Constitution exists solely in the context of its case law, as determined by the Supreme Court, authorized by the doctrine of judicial review and Articles III and VI of the Constitution.

“But that's not in the Constitution” is a failed and ignorant 'argument.'

Last, the Supreme Court's rulings on the issues of the day, and the subsequent Constitutional jurisprudence, does not manifest as 'rewriting' the Constitution, to maintain such is likewise ignorant, ridiculous, and a lie.
 

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