by Lavan Tiri » Fri Jul 10, 2020 10:54 pm
Big Jim P wrote:I like the way you think.
Constaniana wrote:Ah, so you were dropped on your head. This explains a lot.
Zarkenis Ultima wrote:Snarky bastard.
The Grey Wolf wrote:You sir, are a gentleman and a scholar.
Renewed Imperial Germany wrote:I'm not sure whether to laugh because thIs is the best satire I've ever seen or be very very afraid because someone actually thinks all this so.... have a cookie?
John Holland wrote: John Holland
by Big Jim P » Fri Jul 10, 2020 11:11 pm
by Free Federal States » Fri Jul 10, 2020 11:16 pm
by Nobel Hobos 2 » Sat Jul 11, 2020 5:15 am
by Northern Davincia » Sat Jul 11, 2020 8:09 am
Nobel Hobos 2 wrote:Textualism is OK for schoolchildren, but if you use to try to predict how SCOTUS will rule (or to explain how it ruled in the past) you will find it pitifully thin. Learning the constitution is like learning laws, it's just the beginning, and you need to learn precedent cases to know what's going on.
Conserative Morality wrote:"Two gin-scented tears trickled down the sides of his nose. But it was all right, everything was all right, the struggle was finished. He had won the victory over himself. He loved Big Hoppe."
by Ethel mermania » Sat Jul 11, 2020 8:11 am
by Northern Davincia » Sat Jul 11, 2020 8:43 am
Ethel mermania wrote:Strict constructionalist. The words have plain meaning. The constitution is not a big ball of fluffy goodness.
I would probably support a revolution to restore the rightful place of the document to American law, with an amendment that the words mean what they say and the courts must interpret it as such.
Conserative Morality wrote:"Two gin-scented tears trickled down the sides of his nose. But it was all right, everything was all right, the struggle was finished. He had won the victory over himself. He loved Big Hoppe."
by Kowani » Sat Jul 11, 2020 8:46 am
by Galloism » Sat Jul 11, 2020 8:52 am
by Greed and Death » Sat Jul 11, 2020 10:26 am
Lavan Tiri wrote:This has been on my mind recently, mostly due to Supreme Court Justice Neil Gorsuch's joining with SCOTUS' liberal faction to rule in favor of Native groups claiming much of Eastern Oklahoma as Native land.
Justice Gorsuch, in his opinion, stated that the original text of the treaties written between Congress and the Natives does not indicate that the land be ceded back to the U.S. at some point, and that no laws or treaties have been made since to change this. His argument was the same as the one Antonin Scalia used many times: the plain text of the document (whether a treaty, a law, or the Constitution) is what matters, not the intent of those writing it.
There are several schools of thought regarding the interpretation of the law by courts, and I don't have the energy to describe them all, so I'll just linky-link to Wikipedia.
The interpretation I, personally, have always favored is textualism--the same as Justice Gorsuch and the dead Antonin Scalia, who I disagree(d) with on a great deal of other things. Especially when evaluating the Constitution, you cannot pour over millions of journals, letters, speeches, et cetera, to try and discern what the Founders meant. What they meant doesn't matter, it's what they wrote that counts.
This is why I find the traditional Democratic/liberal argument about the 2nd Amendment, "the Founders didn't live in a world with AR-15s and Desert Eagles!" to not hold water: it doesn't matter what kind of arms, you've got the right to bear them (along with the sidebar of "well-regulated militia", which I believe does allow Congress a certain degree of power to, well, regulate the sale, etc, of guns). But anyway, I'm rambling.
What's your take?
by Rojava Free State » Sat Jul 11, 2020 10:28 am
Rojava Free State wrote:Listen yall. I'm only gonna say it once but I want you to remember it. This ain't a world fit for good men. It seems like you gotta be monstrous just to make it. Gotta have a little bit of darkness within you just to survive. You gotta stoop low everyday it seems like. Stoop all the way down to the devil in these times. And then one day you look in the mirror and you realize that you ain't you anymore. You're just another monster, and thanks to your actions, someone else will eventually become as warped and twisted as you. Never forget that the best of us are just the best of a bad lot. Being at the top of a pile of feces doesn't make you anything but shit like the rest. Never forget that.
by Bear Stearns » Sat Jul 11, 2020 11:26 am
by Northern Davincia » Sat Jul 11, 2020 11:32 am
Gravlen wrote:Pffft, common law.
Conserative Morality wrote:"Two gin-scented tears trickled down the sides of his nose. But it was all right, everything was all right, the struggle was finished. He had won the victory over himself. He loved Big Hoppe."
by Rojava Free State » Sat Jul 11, 2020 12:19 pm
Bear Stearns wrote:You should generally in good faith assume the words in the Constitution mean what they say, otherwise they'll mean whatever you want them to mean.
Rojava Free State wrote:Listen yall. I'm only gonna say it once but I want you to remember it. This ain't a world fit for good men. It seems like you gotta be monstrous just to make it. Gotta have a little bit of darkness within you just to survive. You gotta stoop low everyday it seems like. Stoop all the way down to the devil in these times. And then one day you look in the mirror and you realize that you ain't you anymore. You're just another monster, and thanks to your actions, someone else will eventually become as warped and twisted as you. Never forget that the best of us are just the best of a bad lot. Being at the top of a pile of feces doesn't make you anything but shit like the rest. Never forget that.
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