Report: Justice Antonin Scalia found dead

[chrysostom]

maybe now
we can talk about
how important it is to have a republican president

 

[Traditio]

maybe now
we can talk about
how important it is to have a republican president

You may be right.

 

[kmoney]

The constitution is not a product of today's culture. A court justice does not and should not need information beyond the written document. The law that they are applying is the constitution as it is written. End of story.

Leaving aside using today's culture to interpret the Constitution, I think saying that all you need is what is written may be too strong. No document is produced in a vacuum. I think there could be instances where you need to look at other things to help know what the Founders meant.

Of course the Constitution and Scripture aren't the same but I find it a little ironic that you would say the Constitution can be interpreted simply what's written but you'd reject Sola Sciptura.

 

[Jonahdog]

See the 5th to 8th amendments. Nuff said.

Well, here is the 5th ""No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." Emphasis added.
10 words or less, explain the highlighted portion.
I'll wait while you condense the thousands and thousands of decisions and commentary that have struggled with those words.

 

[Traditio]

Leaving aside using today's culture to interpret the Constitution, I think saying that all you need is what is written may be too strong. No document is produced in a vacuum. I think there could be instances where you need to look at other things to help know what the Founders meant.

No, no, this is a fair point. You may need to look at other things of the time period to understand how a given word or set of words were publicly understood at the time.

Beyond that?

Of course the Constitution and Scripture aren't the same but I find it a little ironic that you would say the Constitution can be interpreted simply what's written but you'd reject Sola Sciptura.

The constitution is a set of laws/instructions.

The Bible? Not so much, except, of course, for the Law.

But how many interpretational problems does the Law present (at least, qua law)?

 

[Traditio]

10 words or less, explain the highlighted portion.

Keep reading (i.e., the 6th to 8th amendments).

Beyond what's written in the constitution, it's left for the legislators and constitutes (no pun intended), strictly speaking, an extra-constitutional matter.

 

[Jonahdog]

Keep reading (i.e., the 6th to 8th amendments).

Beyond what's written in the constitution, it's left for the legislators and constitutes (no pun intended), strictly speaking, an extra-constitutional matter.

Really? When a due process issue raises its head in a legal matter, in front of a judge, the judge should refer the issue to a legislature? Well, that would work in a timely fashion

The Supreme Court has interpreted the Constitution since 1803, Marbury v. Madison. It's the Court's job. I like some of its decisions, not others, same as you, but your analysis of how the government should work is simply untenable.

 

[aCultureWarrior]

The constitution is not a product of today's culture. A court justice does not and should not need information beyond the written document. The law that they are applying is the constitution as it is written. End of story.

One striking example of this that I recall Scalia talking about is about how the court ruled, against his vote, that it's acceptable at least in some cases to prevent a defendant from directly facing his accuser, face to face, in court, if that accuser is a minor.

Scalia's answer? It's a constitutional right, and for darned good reason: it's to ferret out lying witnesses.

No further "information" is required to see what the law said and what the law intended.



The law is the law is the law.

If you don't like the law, then you should be demanding that congress amend the constitution. Otherwise? The law says what the law says, and the role of a supreme court justice is simply to apply the law, not to make their own.

Period.

Got it, "as written". Then it should be easy to explain the term "due process". In 10 words or less.

Remember these two words when it comes to the Constitution of the United States my little God-hating atheist fiend:

"Original Intent".

 

[chrysostom]

Remember these two words when it comes to the Constitution of the United States my little God-hating atheist fiend:

"Original Intent".

so you will not vote for the republican nominee
if
it isn't cruz
and
help the democrats get four more years
more liberal supreme court justices
how can we respect anyone who does that?

 

[aCultureWarrior]

so you will not vote for the republican nominee
if
it isn't cruz
and
help the democrats get four more years
how can we respect anyone who does that?

I hope you know that I live for you and your liberal pope's approval chrys and just don't know if I could go on living if I knew that you disapprove of me because I want a constitutional conservative as President instead of yet another Establishment RINO.

 

[drbrumley]

maybe now
we can talk about
how important it is to have a republican president

The federal government is, through its courts, the final judge of its own powers.

So let's talk Republican presidents. And what a pathetic job they have done since Lincoln.

 

[chrysostom]

this may be the first presidential election
that
will be decide because of the supreme court
for once
the voters will be in effect electing the next supreme court justice
and
this is the way it should be

 

[aCultureWarrior]

The federal government is, through its courts, the final judge of its own powers.

So let's talk Republican presidents. And what a pathetic job they have done since Lincoln.

Just out of curiosity, why hasn't the Libertarian faction of TOL come forward with their Presidential favorites?

You do realize that if Drew Carey get's the Libertarian nod and becomes President, it's a good chance that television networks will start playing reruns of "The Drew Carey Show" for all of the nation to enjoy while our nation is being flushed down the proverbial toilet by yet another moral relativist politician.

 

[drbrumley]

this may be the first presidential election
that
will be decide because of the supreme court
for once
the voters will be in effect electing the next supreme court justice
and
this is the way it should be

It is really amazing to see so called Conservatives saying things like this and at the same time wants to go back to the founders original intent which is diametrically opposed to ideas as this post .

 

[drbrumley]

Just out of curiosity, why hasn't the Libertarian faction of TOL come forward with their Presidential favorites?

You do realize that if Drew Carey get's the Libertarian nod and becomes President, it's a good chance that television networks will start playing reruns of "The Drew Carey Show" for all of the nation to enjoy while our nation is being flushed down the proverbial toilet by yet another moral relativist politician.

Hmmm, it might be you are all wrong about Libertarians then.

 

[PureX]

I hope for the sake of equal justice for all in this country (which few here seems to care about) that the next appointee is neither a liberal nor a conservative, but is simply a very knowledgable and capable unbiased jurist.

Justice Scalia, by the way, was an embarrassment to the court. So although his death is unfortunate for he and his family and friends, it is a fortuitous event for the nation as a whole.

 

[chrysostom]

scalia dying may be the best thing to happen in this election year

voters will learn the hard way
that
they are electing supreme court justices
and
the supreme court is making all the big decisions

 

[drbrumley]

scalia dying may be the best thing to happen in this election year

voters will learn the hard way
that
they are electing supreme court justices
and
the supreme court is making all the big decisions

So are you admitting checks and balances don't exist in this government?

 

[drbrumley]

Wow, dancing on his grave before he is actually buried....you guys are something else...

 

[bybee]

I hope for the sake of equal justice for all in this country (which few here seems to care about) that the next appointee is neither a liberal nor a conservative, but is simply a very knowledgable and capable unbiased jurist.

Justice Scalia, by the way, was an embarrassment to the court. So although his death is unfortunate for he and his family and friends, it is a fortuitous event for the nation as a whole.

I disagree.