Dog Brothers Public Forum

HOME | PUBLIC FORUM | MEMBERS FORUM | INSTRUCTORS FORUM | TRIBE FORUM

Welcome, Guest. Please login or register.
June 28, 2016, 01:46:05 PM

Login with username, password and session length
Search:     Advanced search
Welcome to the Dog Brothers Public Forum.
95573 Posts in 2314 Topics by 1081 Members
Latest Member: Martel
* Home Help Search Login Register
+  Dog Brothers Public Forum
|-+  Politics, Religion, Science, Culture and Humanities
| |-+  Science, Culture, & Humanities
| | |-+  Issues in the American Creed (Constitutional Law and related matters)
« previous next »
Pages: 1 ... 25 26 [27] Print
Author Topic: Issues in the American Creed (Constitutional Law and related matters)  (Read 256125 times)
ccp
Power User
***
Posts: 5620


« Reply #1300 on: March 16, 2016, 03:41:01 PM »



But we on the the right know how that has worked out in the past:

http://www.bustle.com/articles/148207-is-merrick-garland-a-liberal-the-supreme-court-prospects-political-leanings-could-make-him-a-safe
Logged
G M
Power User
***
Posts: 13703


« Reply #1301 on: March 16, 2016, 07:48:27 PM »

Big government becomes even more ravenous as the economy sputters and will do what it needs to do to fill it's coffers.
Logged
ccp
Power User
***
Posts: 5620


« Reply #1302 on: March 16, 2016, 08:06:29 PM »

From Breitbart on Supreme nominee - it sound like we really don't know how he stands on the issues:
What are the odds that someone from Harvard votes Democrat .  What are the odds that someone who is Jewish votes for Democrats?  What are the odds Obama would nominate someone he interviewed and determined he is to the right of the center.  I know.  Just because he may vote for Democrats does not mean he would be partisan on the SCOTUS.  Just thinking out loud:

5 Facts You Need to Know About Merrick Garland

Merrick B. GarlandThe Associated Press
by JOEL B. POLLAK16 Mar 20163,925
On Wednesday, President Barack Obama nominated Judge Merrick Garland to replace the late Justice Antonin Scalia on the Supreme Court. Here are five quick facts you need to know about Garland.

1. Garland is considered anti-Second Amendment. As the National Review noted last week: “Back in 2007, Judge Garland voted to undo a D.C. Circuit court decision striking down one of the most restrictive gun laws in the nation” and voted “to uphold an illegal Clinton-era regulation that created an improvised gun registration requirement.” Obama will use his pick to pursue a gun control agenda.

2. Garland has favored environmental regulations. As SCOTUSblog noted in 2010: “On environmental law, Judge Garland has in a number of cases favored contested EPA regulations and actions when challenged by industry, and in other cases he has accepted challenges brought by environmental groups.” That could be very important, with Obama’s Clean Power Plan in the balance.

3. Garland’s positions on abortion and social issues are murky. Some liberals are worried that Garland may not be unambiguously pro-choice. Richard Wolf of USA Today writes: “During 19 years at the D.C. Circuit, Garland has managed to keep a low profile. The court’s largely administrative docket has left him without known positions on issues such as abortion or the death penalty.”

4. Garland would maintain the Court’s demographic profile. He is the second Chicagoan Obama has nominated. He is no “wise Latina,” and is the first man Obama has chosen. But Garland, like Scalia, is a graduate of Harvard Law, keeping the number of Crimson justices at five. If confirmed, he would also be the fourth Jew on the Court, preserving the odd exclusion of evangelical Protestants.

5. Republicans have supported Garland in the past. Sen. Orrin Hatch (R-UT)41%
 in particular has been outspoken in his support for Garland as the best Republicans could expect from the Clinton administration. More recently, he suggested he would welcome Garland’s nomination but predicted that Obama would make a more ideological pick. That makes Garland harder for the GOP to oppose.
Logged
ccp
Power User
***
Posts: 5620


« Reply #1303 on: March 16, 2016, 09:13:07 PM »

From Levin's Conservative Review.  Apparently Merrick said:

"If you believe in the limits of federal power, then you will be in the minority"

Conclusion =>  this is all we need to know.  The guy is a liberal!

https://www.conservativereview.com/commentary/2016/03/what-conservatives-need-to-know-about-merrick-garland


Logged
G M
Power User
***
Posts: 13703


« Reply #1304 on: March 16, 2016, 09:17:30 PM »

From Levin's Conservative Review.  Apparently Merrick said:

"If you believe in the limits of federal power, then you will be in the minority"

Conclusion =>  this is all we need to know.  The guy is a liberal!

https://www.conservativereview.com/commentary/2016/03/what-conservatives-need-to-know-about-merrick-garland



leftist, not liberal.
Logged
DDF
Power User
***
Posts: 327


« Reply #1305 on: March 16, 2016, 09:43:50 PM »

From Levin's Conservative Review.  Apparently Merrick said:

"If you believe in the limits of federal power, then you will be in the minority"

Conclusion =>  this is all we need to know.  The guy is a liberal!

https://www.conservativereview.com/commentary/2016/03/what-conservatives-need-to-know-about-merrick-garland



leftist, not liberal.

I thought the two were the same. What's the difference? I ask in earnest.
Logged

It's all a matter of perspective.
DougMacG
Power User
***
Posts: 8023


« Reply #1306 on: March 17, 2016, 12:11:21 AM »

[Leftist, Liberal] "I thought the two were the same. What's the difference? I ask in earnest."

My understanding follows; G M can add to this or correct it.

Liberal is a mis-used term taken by the left for its softer sound.

Liberal, open to new behavior or opinions, synonyms, wide-ranging, broad-based.

Leftism is the orthodoxy of statism that people, especially in certain demographic groups aren't allowed to stray from.

Logged
G M
Power User
***
Posts: 13703


« Reply #1307 on: March 17, 2016, 08:46:39 AM »

[Leftist, Liberal] "I thought the two were the same. What's the difference? I ask in earnest."

My understanding follows; G M can add to this or correct it.

Liberal is a mis-used term taken by the left for its softer sound.

Liberal, open to new behavior or opinions, synonyms, wide-ranging, broad-based.

Leftism is the orthodoxy of statism that people, especially in certain demographic groups aren't allowed to stray from.



Exactly.
Logged
Crafty_Dog
Administrator
Power User
*****
Posts: 37058


« Reply #1308 on: March 18, 2016, 09:40:24 AM »

http://mediamatters.org/research/2016/03/17/supreme-court-reporters-debunk-judicial-crisis/209359
Logged
Crafty_Dog
Administrator
Power User
*****
Posts: 37058


« Reply #1309 on: March 18, 2016, 09:55:20 AM »

Second post

http://www.nytimes.com/interactive/2016/02/18/upshot/potential-for-the-most-liberal-supreme-court-in-decades.html?_r=0
Logged
DougMacG
Power User
***
Posts: 8023


« Reply #1310 on: March 18, 2016, 11:37:10 AM »

Comments and questions regarding Merrick Garland:

1)  He is bad on the Second Amendment.  How bad?  I would like to read his opinions.

2)  He is moderate on other things compared to others Pres. O. might have chosen.  How moderate?

3) He has largely hidden his views in hopes of someday getting to this stage.  Yet Obama trusts him to be liberal-left.  What are his views?

4) Republicans could 'slow-walk' this, but then there becomes public pressure to vote and confirm as the guy comes across as smart and qualified.

5) What are the odds that Republicans win the Presidency and the Senate? (Less than 50-50.)

6) And if they won both, or the Pres but not the Senate, what nominee could they get through an angry Democratic Senate that currently needs 60 votes to take a vote?

7) If Hillary wins, will she keep Garland or start over and go younger and further left?

8 ) If Republicans fail to take any action, will that hurt them?  How much?

9) If Republicans who promised no action on this nomination, then act on it, will that hurt them?

10) My sense is this election is going down the tubes and the Senate being too busy to take up a Supreme Court nomination is an excuse only makes it worse.  

11) The other possibility is to take this up, run through the whole process, run out the clock, take a vote, have every Senator vote their own conscience, not give the President the benefit of the doubt on his nominees as you might for a cabinet position.  The standard he should be held to has a name, Antonin Scalia.  

12) What the hell is a "moderate" or "centrist" on the question of whether or not to rip up the words and original meanings of the constitution that you have taken an oath to uphold and replace them with the personal views of a 9 person politburo?  In my view, you are either an originalist/textualist or you are a traitor/saboteur/communist revolutionary.  That he is an ivy league educated, white male who speaks well, is considered centrist and wears business suits doesn't preclude the latter.

The living breathing portion of the constitution is called the amendment process.  Yes, times change, so change the text of the constitution by way of 2/3rds of both chambers of congress 3/4 of the state legislatures, not by selecting five willing elites.  
« Last Edit: March 18, 2016, 12:41:14 PM by DougMacG » Logged
Crafty_Dog
Administrator
Power User
*****
Posts: 37058


« Reply #1311 on: March 19, 2016, 02:31:55 AM »

IMHO Reps need to stand firm, even against this politically shrewd choice by Obama and BE HONEST about it, none of this "Let the people decide" crap.

Especially when a nominee would change the balance of the court (as versus a lib replacing a lib or a conservative a conservative) and the country is in the middle of an election, well then wait until the lame duck session.
Logged
DougMacG
Power User
***
Posts: 8023


« Reply #1312 on: March 19, 2016, 12:11:23 PM »

IMHO Reps need to stand firm, even against this politically shrewd choice by Obama and BE HONEST about it, none of this "Let the people decide" crap.

Especially when a nominee would change the balance of the court (as versus a lib replacing a lib or a conservative a conservative) and the country is in the middle of an election, well then wait until the lame duck session.

Well put!  We are hearing 'let the people decide' without hearing what our side is of what is at stake.  Where you say, be honest, I would add, be specific and be persuasive.  I have written about Ted Cruz reaching out in this campaign only to the people who already agree with him (or us) on various things.  This is the time to step up and be a national leader, be a historic leader, not a niche candidate in a crowded field.  Someone needs to make the case for what we are talking about out loud.  He has hundreds of millions to spend on a message, why not make it a positive and important/crucial one. He should give a national address on this.  This is an opportunity, not a problem.  And this is where you fly by DT if he can't keep up, stuck on the wrong side of limits and liberties, see Kelo for example.  It is also where you hold this stand even if you lose the Presidency and majority of the Senate.  This isn't a continuing resolution or a zoning variance; this is the definition of our country we are fighting to preserve.  "A Republic, if you can keep it".

Merrick Garland is among the top judges in the country serving in a time where Judicial rulings have shrunk the constitutional limits on government and allowed its expansion of power over our lives and liberties which keep getting smaller and smaller.  The Honorable Judge Garland would be a perfect pick if continuing down this path of national destruction was acceptable.  But it isn't.
« Last Edit: March 19, 2016, 12:21:13 PM by DougMacG » Logged
Crafty_Dog
Administrator
Power User
*****
Posts: 37058


« Reply #1313 on: March 19, 2016, 06:47:32 PM »

http://www.nytimes.com/2016/03/18/us/politics/obama-campaign-veterans-court-nominee-stephanie-cutter.html?_r=0
Logged
Body-by-Guinness
Power User
***
Posts: 2946


« Reply #1314 on: March 19, 2016, 08:17:50 PM »

BHO's newfound respect for Supreme Court decorum contains a little irony:

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/03/19/obama-irony-alert-the-supreme-court-should-be-above-politics/
Logged
Crafty_Dog
Administrator
Power User
*****
Posts: 37058


« Reply #1315 on: March 28, 2016, 04:54:34 PM »

https://www.washingtonpost.com/news/wonk/wp/2016/03/28/the-feds-have-resumed-a-controversial-program-that-lets-cops-take-stuff-and-keep-it/
Logged
Crafty_Dog
Administrator
Power User
*****
Posts: 37058


« Reply #1316 on: April 01, 2016, 12:15:18 AM »

http://www.wsj.com/articles/george-mason-university-to-rename-law-school-after-justice-antonin-scalia-1459452145
Logged
Crafty_Dog
Administrator
Power User
*****
Posts: 37058


« Reply #1317 on: April 03, 2016, 08:28:32 AM »


By Juan Williams
April 1, 2016 6:41 p.m. ET
298 COMMENTS

As Republicans and Democrats wrangle over Judge Merrick Garland’s Supreme Court nomination to replace the late Antonin Scalia and whether or not to hold confirmation hearings, attention has been distracted from a fight of far more historical consequence.

Over the past half century, regardless of whether a liberal or a conservative resides in the White House, the critical issue facing any Supreme Court nominee is where he or she stands on the political contest of wills over how to read the Constitution.

In general the conservatives in this fight favor an “originalist” or “plain text” reading of the Constitution to limit the role of the courts to interpreting what the document and the Framers meant. Liberals regard the Constitution as a “living document” that lends itself to modern interpretations by judges, who may extend rights to groups not mentioned or considered in the Constitution or its amendments.

The first time I heard the originalist argument from conservatives was at a 1981 San Francisco conference organized by Edwin Meese, President Reagan’s then-White House counselor for policy and the future attorney general. While covering the Reagan White House, I saw Mr. Meese seek judges for the federal bench who abided by a strict reading of the Constitution, hoping to counter years of subjective interpretation—also known as legislating from the bench—by liberals such as justices William Brennan and Thurgood Marshall.

Beginning during Reagan’s time as California’s governor, Mr. Meese—a former prosecutor who served the governor in a variety of roles, including legal-affairs secretary and chief of staff—sought judges for state courts who stuck to the law as written by the legislator. That boiled down to selecting judges willing to apply strict sentencing guidelines to get tough with disruptive protests on college campuses, far-left radicals and criminals.

After becoming attorney general in early 1985, Mr. Meese told the American Bar Association in a July address that it was time for federal judges to get back to basics: “A Constitution that is viewed as only what the judges say it is—is no longer a Constitution in the true sense,” he said. “Those who framed the Constitution chose their words carefully, they debated at great length the minutest points . . . It is incumbent on the Court to determine what that meaning was.”

To that end Mr. Meese advised the president, after Chief Justice Warren Burger decided to retire in 1986, to elevate conservative Justice William Rehnquist to chief justice and to nominate Judge Scalia for the open seat on the court. When Lewis Powell retired the following year, Mr. Meese recommended as his replacement Judge Robert Bork, a staunch Constitutional originalist.

The elevation of Justice Rehnquist and appointment of Judge Scalia were confirmed, but Judge Bork’s nomination was famously defeated by a Democratic Senate in an episode remarkable for its vitriol. ( Anthony Kennedy was eventually confirmed instead.)

The Reagan administration was a judicial watershed in other ways: The careers of Justice Clarence Thomas and Chief Justice John Roberts trace to that period, and other federal judges appointed during the Reagan administration remain in place today, including Laurence Silberman, Edith Jones and Frank Easterbrook.

When Reagan nominated Judge Scalia for the Supreme Court, Mr. Meese told reporters that he was chosen for “his commitment to the interpretation of the law rather than being a lawmaker.”

For three decades Scalia championed the originalist approach to the Constitution. In his scathing dissent last year from the 5-4 decision legalizing same-sex marriage, Judge Scalia noted that the justices had discovered, in the 14th Amendment’s equal-protection provision, a constitutional right “overlooked by every person alive at the time of ratification, and almost everyone else in the time since.”

Scalia lost that fight but won others as he forced his colleagues to think hard about the Constitution and Bill of Rights in making their decisions. A major win came in 2008 with District of Columbia v. Heller upholding what he saw as the original intent of the Second Amendment to protect a citizen’s right to own a gun.

In today’s debate regarding Merrick Garland’s nomination to the court, much of the discussion concerns whether or not he is a “centrist.” But the real question, for both sides, is how he regards the Constitution. On that point it is clear from his record that Judge Garland is firmly in the “living document” camp. The push-pull over the Constitution and the Supreme Court is a battle without end, and in the current phase with the eight-person bench likely to divide 4-4 on important cases, the contrast between the court with Scalia on it and the court with Judge Garland or any other Democratic nominee couldn’t be greater.

Mr. Williams, a political analyst for Fox News and columnist for the Hill, is the author of “We the People: The Modern-Day Figures Who Have Reshaped and Affirmed the Founding Fathers’ Vision of America,” out April 5 from Crown.
Logged
Crafty_Dog
Administrator
Power User
*****
Posts: 37058


« Reply #1318 on: April 03, 2016, 05:45:53 PM »



http://reason.com/blog/2016/04/01/florida-governor-signs-bill-requiring-ac
Logged
DougMacG
Power User
***
Posts: 8023


« Reply #1319 on: April 04, 2016, 09:28:01 AM »


An obvious reform in the pursuit of property rights, liberty, due process and fighting the abuse of government, hard to believe this isn't already the law, but it is an important ray of hope nonetheless.

Shouldn't a conviction rather than a charge be required to keep any property permanently?

From previous posts, the total value of government seizures now exceeds all private theft in this country.

Logged
ccp
Power User
***
Posts: 5620


« Reply #1320 on: April 09, 2016, 04:31:30 PM »

I guess this could go under liberalism progressivism which in my view is regressivism.

What does one's background race religion or sex have to do with interpreting the Constitution?:  Do we need Hindus Buddhists, Muslims on the SCOTUS?  3 babes is not enough?
We have too many Jews?   Not enough who also speak Spanish?   We need some from California?  I doubt very much she is implying we need more strong female or Latino conservatives on the bench but would this placate Sotomayor?  Truth is it ain't about that is it.

http://www.newsmax.com/Newsfront/US-Supreme-Court-Sotomayor/2016/04/09/id/723045/?ns_mail_uid=95994711&ns_mail_job=1663134_04092016&s=al&dkt_nbr=yrbevgkw
Logged
Crafty_Dog
Administrator
Power User
*****
Posts: 37058


« Reply #1321 on: May 21, 2016, 10:38:37 PM »

A point I have been making via my expressions of Ninth Amendment theory.

http://tenthamendmentcenter.com/2016/05/03/the-right-to-keep-and-bear-arms-is-a-natural-right-not-a-constitutional-right/
Logged
DougMacG
Power User
***
Posts: 8023


« Reply #1322 on: May 23, 2016, 08:32:43 AM »


If I might say so, this is quite a valid and profound point.

Maybe more obvious to more people, freedom of speech is a fundamental right whether it had been put to words and given and amendment number or not.  The right to have a plan in place to protect you and your family is perhaps a higher right than speech, whether enumerated or not.
Logged
Crafty_Dog
Administrator
Power User
*****
Posts: 37058


« Reply #1323 on: June 27, 2016, 08:17:30 PM »

http://www.yalelawjournal.org/pdf/427_pa9skxwv.pdf
Logged
Pages: 1 ... 25 26 [27] Print 
« previous next »
Jump to:  

Powered by MySQL Powered by PHP Powered by SMF 1.1.21 | SMF © 2015, Simple Machines Valid XHTML 1.0! Valid CSS!