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  • Posted by ewv 8 years, 1 month ago
    The article is right in saying that the emphasis should be on the constitution and its limited powers for government. No sooner was Scalia reported as gone when the partisan bickering broke out in "liberal vs. conservative". The conservatives in particular couldn't stop talking about abortion. They would say something about sticking to the constitution and the first and usually only "example" out of their mouths was "abortion", as if that has anything to do with the powers of government to prevent, let alone the constitution. Spokesman after spokesman made the same diversion, further corrupting the debate over the criteria for a Supreme Court justice.

    Then the Republican political strategy emerged: "let the people decide" so don't let Obama do anything about a replacement for the rest of the year before leaving office -- with nothing said about the fact that Obama was elected by the "people" for the full duration of his term in office, and nothing said about principles and constitutional limits on government power that Obama stubbornly want to further reverse as his "fundamental change" even though the rights of the individual and nature of constitutional limited government are not supposed to be up for grabs by any election no matter who is elected.
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    • Posted by $ WilliamShipley 8 years, 1 month ago
      Well, the "let the people decide" is, of course, a smokescreen. This is really about Obama getting to replace the most conservative judge on a 5-4 court with someone who will undoubtedly flip it. I wholeheartedly agree with stopping that. They could say "we're not going to and you can't make us". Which would probably be more honest.

      In the end, it's a political decision and if the public agrees they will be rewarded and if the public thinks it's wrong, they will be punished -- politically.
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      • Posted by ewv 8 years, 1 month ago
        Then they should openly state what their purpose is and stop trying to hide principles behind "The People" rhetoric, which anyone can see through.

        Those who want a constitutionalist on the court should say so and stop turning it into a hopeless liberal vs conservative battle.
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        • Posted by Temlakos 8 years, 1 month ago
          All they have to say is: "Whoever takes the oath of office next January, let that person pick his or her own new Associate Justice!"
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          • Posted by ewv 8 years, 1 month ago
            That is not "all they have to say". They don't have to say anything but if they want stay in office they have to explain what they are doing and why. The Senate has joint responsibility for appointing Federal judges. For a Senator to say nothing but "let the next president pick his own judge" is an evasion of responsibility, for both this Congress and the next.
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          • Posted by jabuttrick 8 years, 1 month ago
            The problem with that argument is that it frustrates the intendment of the very Constitution they pretend to revere. It's pure partisan politics and they ought to admit it. The "people" will decide all right and after Benito Trump is waxed by Hillary, they will reap the whirlwind when she appoints someone far to the left of Obama's choice.
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  • Posted by Herb7734 8 years, 1 month ago
    What any rational person would want in a Supreme Court Justice is to do his or her job. That job being an interpretation of the Constitution as it corresponds to the cases before him or her. Scalia, with very few exceptions, was that Justice. What we all should want is for the person selected to live up to their name -- JUSTICE.
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    • Posted by $ WilliamShipley 8 years, 1 month ago
      Unfortunately, while I agree utterly with you, there is a large segment of the population who believes that the job of a Supreme Court Justice is to adjust the interpretation of the constitution to match an evolving concept of what society should be doing. The "living constitution" philosophy.

      The occupant of the White House is firmly in that group and anyone he nominates will follow that philosophy. And probably make a majority.
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  • Posted by $ CBJ 8 years, 1 month ago
    I want a Supreme Court Justice who is a strong supporter of individual rights, and will come down on the side of such rights whenever he or she is given the authority to choose between competing interpretations of the Constitution's text.
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    • Posted by jabuttrick 8 years, 1 month ago
      Here, here! Do you have a particular person in mind?
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      • Posted by $ blarman 8 years, 1 month ago
        I would suggest Mike Lee - Senator from Utah. His father was a chief advocate who argued dozens of cases before the Supreme Court and who taught Constitutional law to his children around the dinner table. Lee would be a solid pick.

        Another one might be Trey Gowdy, but I'd rather see him get put in as Attorney General with the mandate to clean up all the political favoritism in the Justice Department.
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  • Posted by freedomforall 8 years, 1 month ago
    How about a judge that thinks the constitution in its original intent was too intrusive and should be scaled back to the limits imposed (and powers allowed in 1781) in the Articles of Confederation.
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    • Posted by $ WilliamShipley 8 years, 1 month ago
      The constitution is what we have. We should follow it. If you want to scale it back and limit powers, then amend it. That's the realm of the political process not the judicial one.
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      • Posted by freedomforall 8 years, 1 month ago
        If the court has people on it as I describe, then there could be at least a slim chance that your dream could be realized.
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        • Posted by jabuttrick 8 years, 1 month ago
          Has anyone here actually read the Articles? It's pretty much a mess leaving enormous powers to the State governments.
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          • Posted by freedomforall 8 years, 1 month ago
            Exactly, that was the entire idea of the Articles. The people were fighting a war with the world's mightiest military power to regain their freedom and setting up another monarchy or dictatorship was not desirable. State governments are much easier to control by the people than the all powerful, looting nuclear-armed feds. Competition between states also helps to keep liberty flourishing.
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            • Posted by jabuttrick 8 years, 1 month ago
              Of course, state governments can be oppressive too. The can instigate trade wars among themselves or institute and defend slavery. The Articles allowed virtually unlimited power to state governments. That was an error.
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              • Posted by freedomforall 8 years, 1 month ago
                An error from the point of view of a Hamiltonian perhaps, but not from a Jeffersonian. The people were sovereign under the Articles and the state governments were not. Did the articles leave the door open to state government oppression? Yes, any pact that creates government has that flaw. Every government has that flaw, but the closer the people are to the governent, the better it can be controlled. The free market does a better job dealing with squabbling states than the constitution and its massive transfer of power to the feds via vague broken promises.
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                • Posted by ewv 8 years, 1 month ago
                  The "free market" does nothing to prevent tyranny by state governments. It presupposes constitutional government based on the rights of the individual. Jefferson was not an "anarcho-capitalist".
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                  • Posted by freedomforall 8 years, 1 month ago
                    State governments are in competition to keep the people as residents. The free market means that people can leave tyranny behind. No one said Jefferson was anarcho capitalist, but he did oppose many parts of the original constitution because of the centralization of power.
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                    • -1
                      Posted by ewv 8 years, 1 month ago
                      Governments do not compete with coercive laws on a "free market". That is not what a market means, contrary to the "anarcho-capitalists". Refugees from oppression are not trading governments.
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                      • Posted by freedomforall 8 years, 1 month ago
                        I call it the operation of a free market when people can leave New York and move to Utah if Utah offers a better environment in their self interest. That is what happens in reality.
                        I have no interest in arguing with you over semantics.
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                        • Posted by ewv 8 years ago
                          Differences in concepts are not "semantics". Freedom cannot be defended on the basis of "competing" statists. "Competition" between states with no principles of the rights of the individual is not how this country started and is not a way to "leave tyranny behind". Differences between states can be important and does affect population flows, but it is not fundamental to ridding the country of tyranny. Only a change in the dominant philosophical views within the country can lead to that.
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  • Posted by CircuitGuy 8 years, 1 month ago
    [sarcasm]Congress could just admit aloud that the which interest groups get support from the court is part of the spoils of the presidency. Then they could hammer out an agreement to appoint/confirm someone who will give a little something for all interest groups and ignore the law altogether. Let the people decide who best represents all groups. This would be easier if we didn't have to pretend to respect the law. [/sarcasm]
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    • Posted by plusaf 8 years, 1 month ago
      Yep.
      The "we" posed in the original post want "someone who will adjudicate decisions based on interpretation of the Constitution's relationship to the cases' arguments, and at the same time make sure that everyone's personal ethics, morals, religion and prejudices are taken into account Fairly."

      I'm wrong? :)
      Who's the WE in the original question? Gulchers? Voters? Yo' mama?
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      • Posted by CircuitGuy 8 years, 1 month ago
        "Who's the WE in the original question? Gulchers? Voters? Yo' mama?"
        It's "yo' mama." :) The "we" is actually inspired by the people in Ayn Rand's Rule by Consensus lecture who are zealous in their centrism in the absence of legal boundaries to what the gov't can do. I used the sarcasm tag to indicate I don't mean the comment literally. I'm saying it's the alternative to rule of law.
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  • Posted by coaldigger 8 years, 1 month ago
    I agree with this article in total. A Fuller is exactly what we need, as well as a new President that will probably have the chance to appoint two more Fullers.
    By the way, what was wrong with being a Jacksonian Democrat? Every time the term is used it is very negative. I recently read "American Lion" by Jon Meacham and liked Jackson a lot. I don't think letting bums sleep in the downstairs of "the peoples house" would be practical today but other than that, there was a lot to like.
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  • Posted by prometheus131 8 years, 1 month ago
    There is still some probability that Cruz could get the nomination and Hillary could be indicted. All is not yet lost. It is also possible that Trump could overcome the odds and defeat Hillary. I'm more concerned that Hillary could be disqualified and Sanders could win on the votes of the looters. 'Downright scary thought!
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    • Posted by $ WilliamShipley 8 years, 1 month ago
      Given that Trump is leading the Republican primary and does better in states with open primaries vs states with closed primaries is a good indication that he actually has a chance.

      And, while he may be a bit "New York" blunt and not politically correct, he will be perfectly willing to go to all the places in Hillary's past that everyone else will be "too gentlemanly" to do.

      Look what happened when he called him sexist and he called her an enabler. Weeks worth of stories about the Clinton escapades and her attempts to cover them up. There is such a gold mine there, all the way back to Watergate.
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      • Posted by prometheus131 8 years, 1 month ago
        Trump indeed has a chance if he can accumulate the 1237 for first ballot win. I don't trust the "establishment" to endorse him even if he gets the 1237. He will need every possible vote to overcome the looters and entitlement seekers. I accept that Trump will not pull punches on Hillary and I will certainly vote for him myself, but there are so many of "them", he needs every one of "us" to make the final deal.
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  • Posted by prometheus131 8 years, 1 month ago
    If Hillary becomes President, she is likely to appoint Obama or someone even farther left. The Senate is wrong to blindly refuse to consider any Obama appointee. If he/she is rejected on substance, fine. However, an up or down vote is morally required if Obama can find someone to accept his nomination. Napolitano hasn't got a chance of being considered although he would be excellent.
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  • Posted by CircuitGuy 8 years, 1 month ago
    If they simply cannot resist politicizing it and say "let the people decide [in the presidential election]," they should agree to give a bank check to whomever the next president wants to appoint. :)
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