NYcarbineer
Diamond Member
1. If it ever became necessary to prove that you are a dunce....although, that would be akin to adding a dunking stool to the Titanic....this would do the trick:
"...an immaterial point..."
Further...it is proof that you are ill equipped to understand or discuss the subject.
a. There is the Constitution...and there is case law, often decided by misguided individuals who believe that there personal views surpass the views within the Constitution.
b. Therefore, my feathered friend, it is hardly semantics to differentiate between the Constitution and decisions which alter same.
To be concise, rather than judicial decisions, the way to alter the Constitution is the amendment process.
2. "I think that definition of constitutional law is satisfactory. Feel free to make a case that it's not."
Certainly simple.
Unfortunately, you are more than simple.
But...I'll try:
a. Justice Wm. Brennan, jr, in 1985, Georgetown speech supported the transformative purpose of the Constitution, in which he argued for an aspiration to social justice, brotherhood, and human dignity
How to do that?
By imposing his or any current view of what is just, no matter what the Constitution says. Figure out what result you (Liberals) want...then claim that it's in the law.
b. No each generation remains bound by the rights its predecessor entrenched, as opposed to a doctrine in which each generation could bring its own meaning to the Constitution.
c. Brennans view is that those of us in the present generation are better able to judge than our benighted ancestors. Really? The American Constitution has survived for two centuries, the oldest and first such document in existence, and has inspired countless copies around the world. Through it we remain the freest and most fortunate people on earth.
d. In "A Matter of Interpretation: Federal Courts and the Law," Justice Antonin Scalia criticizes the tendency of federal judges to ignore the text of the Constitution or statues and to adopt the attitude of the common-law judge -- the mind-set that asks, What is the most desirable resolution of this case, and how can any impediments to the achievement of that result be evaded?
Antonin Scalia, A Matter of Interpretation: Federal Courts and the Law, edited by Amy Gutmann (Princeton, N.J.: Princeton University Press, 1997), p. 13.
Do you understand? Either the Constitution holds sway, or the whim of any judge does.
Is abortion in the first trimester a constitutional right or not?
Poorly decided decision.
It is not in the enumerated powers.
What powers? It's a privacy issue. The fetus has no rights in the Constitution. In order to constitutionally violate a woman's right to privacy you have to invent personhood for the fetus.