Why I Am A Constitutional Textualist

[XponentialChaos]

Time for you to leave.

But....whenever you return.....the same spanking will be in store.

You’re not spanking anyone, bimbo.

All you’ve managed to do is deflect away from addressing what is being discussed because you’re a weak-minded fool.

You’re dismissed.

 

[Monk-Eye]

" All Proud About Comfort Zone Claiming It Better Than All The Rest "

* Not All Perspectives Are Equally Valid And Theocracy Is Less Correct Than Independence Of The Individual *

.....societies seems not to be able to fulfill the need sans the Judeo-Christian religions.

From whence did that statement originate , as it was not a statement or premise posited by this moniker ?

A proponent of legal realism expects that the validity of social civil systems can be based on objective analysis .

When populism is used as justification for validity of a rule , the justification is a logical fallacy termed an appeal to bandwagon .

A tenet of an antinomian creed is that by no name will a law be made , not by mu sa , not by is sa , not by mu ham mad ; antinomian ethos includes paradox and consequent contradictions .

Aside from sexual immorality and the first two edicts of noah creed as punishable by positive law , do not murder , do not commit adultery , do not steal , do not ignore suffering of others , can all be easily deduced from principles of non violence , while establish courts of justice extend to individualism through equitable doctrine .

The first amendment of us republic assures that its government it is not involved in theocratic consternation over worship of idols , or cursing goad , or to sexual immorality when it is a victimless crime .

Where the success criteria is survival and when quality of life is also valued , some social systems are better than others , and sectarian supremacy theists abdicating to call it fate king domes is not in the best interests for independence of the individual .

Noahidism - Wikipedia

en.wikipedia.org

Do not worship idols.[25]
Do not curse God.[26]
Do not murder.[27]
Do not commit adultery or sexual immorality.[28]
Do not steal.[29]
Do not eat flesh torn from a living animal.[30]
Establish courts of justice.[32]

 

[PoliticalChic]

" All Proud About Comfort Zone Claiming It Better Than All The Rest "

* Not All Perspectives Are Equally Valid And Theocracy Is Less Correct Than Independence Of The Individual *

From whence did that statement originate , as it was not a statement or premise posited by this moniker ?

A proponent of legal realism expects that the validity of social civil systems can be based on objective analysis .

When populism is used as justification for validity of a rule , the justification is a logical fallacy termed an appeal to bandwagon .

A tenet of an antinomian creed is that by no name will a law be made , not by mu sa , not by is sa , not by mu ham mad ; antinomian ethos includes paradox and consequent contradictions .

Aside from sexual immorality and the first two edicts of noah creed as punishable by positive law , do not murder , do not commit adultery , do not steal , do not ignore suffering of others , can all be easily deduced from principles of non violence , while establish courts of justice extend to individualism through equitable doctrine .

The first amendment of us republic assures that its government it is not involved in theocratic consternation over worship of idols , or cursing goad , or to sexual immorality when it is a victimless crime .

Noahidism - Wikipedia

en.wikipedia.org

Do not worship idols.[25]
Do not curse God.[26]
Do not murder.[27]
Do not commit adultery or sexual immorality.[28]
Do not steal.[29]
Do not eat flesh torn from a living animal.[30]
Establish courts of justice.[32]

Sometimes a deep fellowship appears between us.

But....if you could be direct: has history not proven that reason, science, the 'common will', none compare to the instruction manual of Western Civilization.....the Bible?

There is no objectivity in direction by humans.....although I am partial to the Constitution.

 

[alang1216]

What a stupid post.....seems to be your specialty.

What a non-responsive dodge with a childish insult...definitely your specialty. Didn't your mother tell you that if you had nothing to say, don't say anything?

 

[PoliticalChic]

What a non-responsive dodge with a childish insult...definitely your specialty. Didn't your mother tell you that if you had nothing to say, don't say anything?

Please....slither back under your rock.

I don't recall you ever adding anything to these threads except hostility and lies.

 

[alang1216]

I don't recall you ever adding anything to these threads except hostility and lies.

Your Alzheimers getting worse?

 

[Monk-Eye]

" What Of Claims For A Constitution In English Common Law "

* E Pluribus Unum Expects Equitable Doctrine Among Individuals *

Sometimes a deep fellowship appears between us.

Which us republic seeks independence of the individual , through equal protection of negative liberties among individuals , whether an individual is a us citizen , a civil litigant , an incorporate , a us state , or us federate ?

Negative liberties represent protections , independence and individualism .

Positive liberties represent endowments , dependence and collectivism .

* Those Not For Us Are Against Us | | Those Not Against Us Are For Us *

But....if you could be direct: has history not proven that reason, science, the 'common will', none compare to the instruction manual of Western Civilization.....the Bible?

Yearn reference to a bible includes torah and gospel ; abrahamic religions include a torah , a gospel and a qurayn .

Epistles of saul on circumcision and antinomianism could use more focus . Are Circumcisions Performed Before An Age Of Consent An Act Of Illegitimate Aggression ? . , . Zone1 - Eponymous Nomian Patriarch Genetic Religions Of Torahnism And Qurayshism : Isaac Versus Ishmael Sacrifice Circumcision Option .

* Marble Halls Invoking More All It Tee *

There is no objectivity in direction by humans.....although I am partial to the Constitution.

The liberal arts of most academic institutions in etas unis remain based in anthology and civil processes of greek and roman societies .

Antigone - Wikipedia

en.wikipedia.org

Antigone is brought before Creon, and admits that she knew of Creon's law forbidding mourning for Polynices but chose to break it, claiming the superiority of divine over human law, and she defies Creon's cruelty with courage, passion, and determination. Creon orders Antigone buried alive in a tomb. Although Creon has a change of heart, due to a visit from soothsayer Tiresias, and tries to release Antigone, he finds she has hanged herself.

 

[PoliticalChic]

" What Of Claims For A Constitution In English Common Law "

* E Pluribus Unum Expects Equitable Doctrine Among Individuals *

Which us republic seeks independence of the individual , through equal protection of negative liberties among individuals , whether an individual is a us citizen , a civil litigant , an incorporate , a us state , or us federate .

Negative liberties represent protections , independence and individualism .

Positive liberties represent endowments , dependence and collectivism .

* Those Not For Us Are Against Us | | Those Not Against Us Are For Us *

Yearn reference to a bible includes torah and gospel ; abrahamic religions include a torah , a gospel and a qurayn .

Epistles of saul on circumcision and antinomianism could use more focus . Are Circumcisions Performed Before An Age Of Consent An Act Of Illegitimate Aggression ? . , . Zone1 - Eponymous Nomian Patriarch Genetic Religions Of Torahnism And Qurayshism : Isaac Versus Ishmael Sacrifice Circumcision Option .

* Marble Halls Invoking More All It Tee *

The liberal arts of most academic institutions in etas unis remain based in anthology and civil processes of greek and roman societies .

Antigone - Wikipedia

en.wikipedia.org

Antigone is brought before Creon, and admits that she knew of Creon's law forbidding mourning for Polynices but chose to break it, claiming the superiority of divine over human law, and she defies Creon's cruelty with courage, passion, and determination. Creon orders Antigone buried alive in a tomb. Although Creon has a change of heart, due to a visit from soothsayer Tiresias, and tries to release Antigone, he finds she has hanged herself.

See if you can organize your thoughts before you post.

 

[Monk-Eye]

" Third First Person As One Self And Speaking For Interests Of All "

* You Is Second Person Accusative And Self Incriminating By Reflection *

See if you can organize your thoughts before you post.

 

[PeterPilot]

Sometimes a deep fellowship appears between us.

But....if you could be direct: has history not proven that reason, science, the 'common will', none compare to the instruction manual of Western Civilization.....the Bible?

There is no objectivity in direction by humans.....although I am partial to the Constitution.

The Bible is the most dangerous book in the world, just as Alan Watts pointed out back in the 70s. The Torah and Talmud are close behind, followed by the Koran.

 

[PoliticalChic]

The Bible is the most dangerous book in the world, just as Alan Watts pointed out back in the 70s. The Torah and Talmud are close behind, followed by the Koran.

You're a moron.


I bet you get tired of folks telling you that.

 

[PeterPilot]

You're a moron.


I bet you get tired of folks telling you that.

No, actually I love it. That's because every time it happens, like this one, it's a demonstration that Orwell was right, and Socrates too. Orwell noted that the further a society drifts from the truth, the more it will hate those who speak it.

Socrates noted that when the debate is lost, slander becomes the tool of the loser.

Thanks for making my day.

 

[PoliticalChic]

No, actually I love it. That's because every time it happens, like this one, it's a demonstration that Orwell was right, and Socrates too. Orwell noted that the further a society drifts from the truth, the more it will hate those who speak it.

Socrates noted that when the debate is lost, slander becomes the tool of the loser.

Thanks for making my day.

Keep saying really stupid things......it suits you and makes folks analysis much faster.

 

[Mack The Finger]

PoliticalChic You might enjoy reading this article:

I have no horse in this race except for the Constitution !

Judge permanently blocks ‘unconstitutional’ Trump order targeting law firm Perkins Coie​

https://www.cnn.com/2025/05/02/politics/perkins-coie-trump-executive-order

 

[San Souci]

I do miss the political debates when such things were asked on these forums

Now we just wade through Hitler poo being slung at everyone by troll monkeys from the Left.

True. All Lefties have in their arsenal is "Hitler ,Fascist ,and Racist".

 

[Monk-Eye]

" Gene Codons Phene Proteins Racemization Types "

* Hit Little Her Race Fanatic Fashion Schist Expectations Of Participating With Inn Nature *

True. All Lefties have in their arsenal is "Hitler ,Fascist ,and Racist"

All awl left tease is likely as absurd as all awl right tease .

A national socialist party for germans of germany includes racialism overtones , while violence based on racialism is racism .

. CDZ - Why Have Socialists Not Privatized The Socialist Ideals ? .

. Public Private Trust .

. Racialism Versus Racism Terms Beset By Double Speak Think Fallacies Of Anti Racist Racists .

. Zone1 - Civis Etas Unis Sum And Subject To The Jurisdiction Thereof Clause From Us 14th Amendment .

 

[San Souci]

" Gene Codons Phene Proteins Racemization Types "

* Hit Little Her Race Fanatic Fashion Schist Expectations Of Participating With Inn Nature *

All awl left tease is likely as absurd as all awl right tease .

A national socialist party for germans of germany includes racialism overtones , while violence based on racialism is racism .

. CDZ - Why Have Socialists Not Privatized The Socialist Ideals ? .

. Public Private Trust .

. Racialism Versus Racism Terms Beset By Double Speak Think Fallacies Of Anti Racist Racists .

. Zone1 - Civis Etas Unis Sum And Subject To The Jurisdiction Thereof Clause From Us 14th Amendment .

So? The Bell Curve was right.

 

[Monk-Eye]

" Unable To Respond To Language Gibberish "

* Statistical Distributions Include Normative Data *

So? The Bell Curve was right.

Attempting to correlate the bell curve and the term right is logical nonsense , and making a conjecture that there is a correlation between the bell curve and the term right is as absurd as making a conjecture that there is a correlation between the bell curve and the term left .

. Applying THe Term Rights As A Descriptor For Articles Of Constitution Is Slang And A Profound Error In Diction .

. Left Wing Are Not Liberals They Are Extreme Authoritarians .

. Why Find Waste To Decrease National Debt But Spend It Elsewhere Or On Tax Cuts ? .

 

[Old Rocks]

Let me apologize at the start for a post that most may find abstruse, but it is one of those sublects that helps define much of what goes on in politics today.


Textualism is a mode of legal interpretation that focuses on the plain meaning of the text of a legal document. Textualism usually emphasizes how the terms in the Constitution would be understood by people at the time they were ratified, as well as the context in which those terms appear.
-See Hon. Antonin Scalia, A Matter of Interpretation: Federal Courts and the Law 23–38 (Amy Gutmann ed., 1997) [hereinafter Scalia, A Matter of Interpretation].



1. Everything changed when Progressives took over law schools. They taught law students a) that there was no natural law, nor unalienable rights, and b) that the Constitution is altered by case law. This meant American lawyers interpreting the Constitution via caselaw rather than through studying the Constitution itself.

a. Roscoe Pound (1870-1964), Dean of Harvard Law School, instituted the "taught legal tradition." Pound firmly believed that the implementation of the principles of the taught legal tradition by wise common-law judges resulted in substantive change, which reflected changes in society. As the interpreters of the common law, judges had a special duty to consider the practical effects of their decisions and to strive to ensure that judging facilitated rather than hindered societal growth.” Roscoe Pound - definition of Roscoe Pound by the Free Online Dictionary, Thesaurus and Encyclopedia.
What was evident in his first published book in law, common with Progressives, was his deep indebtedness to German modes of thinking.

b. Pound sought to adjust principles and doctrines of law to the realities of the human condition…. wanted to extract wisdom from German social science to apply to American law.: law must leave "conceptions" and open itself up to social realities of the modern world.”… the backwardness of law in meeting social ends,…”
roscoe pound and jurisprudence and 1903 and nebraska and harvard law school

c. He was perhaps the chief U.S. advocate of sociological jurisprudence, which holds that statutes and court decisions are affected by social conditions; his ideas apparently influenced the New Deal programs of Pres. Franklin D. Roosevelt. Roscoe Pound: Biography from Answers.com




2. Even before Roscoe Pound, Christopher Columbus Langdell , 1826-1906, reduced the importance of the Constitution in the law profession. In 1875 he became dean of Harvard law school. Together with J. B. Ames , who succeeded him as dean in 1895, he revised the curriculum of the school. Langdell is especially famed for the introduction of the "case method" in the study of law.

a. Langdell's theory was first adopted at Harvard, then at Columbia law school, and in time gained almost universal acceptance. Langdell prepared casebooks in the fields of contracts, equity, and sales. http://www.encyclopedia.com/topic/Ch..._Langdell.aspx

b. Before Langdell's tenure the study of law was a technical pursuit. Students were told what the law is. However, at Harvard Langdell applied the principles of pragmatism to the study of law. Now, as a result of this innovation, lawyers are taught the law through a dialectical process of inference called the case method. The case method has been the primary method of pedagogy at American law schools ever since. Students such as Oliver Wendell Holmes, Jr. would ensure that Langdell's innovation would not go unnoticed. Christopher Columbus Langdell - Wikipedia, the free encyclopedia

c. It is based on the principle that rather than studying highly abstract summaries of legal rules (the technique still used in most countries), the best way to learn American law is to read the actual judicial opinions which become the law under the rule of stare decisis (due to its Anglo-American common law origin). Not the Constitution...which was eaten away in increments.




. The result is that lawyers today respect and honor the view of judges opinions, precedent, over the nominal ‘law of the land,’ the Constitution.

So anyone with only a bit of African blood in them is only 3/5ths of a person, right?

 

[PoliticalChic]

So anyone with only a bit of African blood in them is only 3/5ths of a person, right?

You might want to ask that of Franklin Roosevelt.....


"This attitude dovetails with what is known about FDR's views regarding immigrants in general and Asian immigrants in particular.... He recommended that future immigration should be limited to those who had "blood of the right sort." "

What FDR said about Jews in private​

What FDR said about Jews in private

www.latimes.com