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Thread: Souter to retire

  1. #10

    Default Re: Souter to retire

    The Constitution in my view is not a flexible document,
    Does the term "elastic clause" possibly poke a hole in that line of thinking?...
    Your ignorance is painful to witness.....

  2. #11

    Default Re: Souter to retire

    Quote Originally Posted by Zapp Brannigan View Post
    Not unexpected. President Obama should have little trouble getting his chosen candidate through. Here's hoping whoever he or she is does a great job!
    Pretty much what you said, verbatim...

    Supreme Court appointments won't get really interesting until Kennedy bounces.

  3. #12
    Super Moderator UGLY's Avatar
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    Default Re: Souter to retire

    Quote Originally Posted by Black-n-Red View Post
    Does the term "elastic clause" possibly poke a hole in that line of thinking?...
    No.

  4. #13
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    Default Re: Souter to retire

    Quote Originally Posted by UGLY View Post
    We can still look at the records and see what the intent of the framers was.
    Many legal scholars would disagree with your statement. At the least, they would point out that there are problems with determining original intent.

    Quote Originally Posted by UGLY View Post
    The Constitution...says what it says and that is that.
    That too.

    Quote Originally Posted by UGLY View Post
    We can not twist the constitution to what we want because then it becomes a meaningless peace of parchement with no legal backing.
    If it's been rendered meaningless, why are you concerned about it now? Trying to raise it from the dead?

  5. #14
    Super Moderator UGLY's Avatar
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    Default Re: Souter to retire

    Quote Originally Posted by matclone View Post
    Many legal scholars would disagree with your statement. At the least, they would point out that there are problems with determining original intent.



    That too.



    If it's been rendered meaningless, why are you concerned about it now? Trying to raise it from the dead?

    I know that some scholars disagree but we have mounds of letter papers and other documents describing the intent of each law in the constitution. We also have the dissenting points of view. I have always said that the Constitution no matter how old will stand the test of time. All of it is up for debate but the way it was written and the ability to amend make it viable as is. If the Constitution does not address an issue we can amend. The amendment process is difficult so it doesn't happen often.

    It is rendered useless only if we believe it to be a living document meaning whatever we want it to mean at that time. That has not happened yet I dont believe.

  6. #15
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    Default Re: Souter to retire

    There's an old saying that goes something like: sausage and laws, watch neither being made. Well, I figure laws, and this includes the constitution, are a little like sausage in that you throw a bunch of ideas in the grinder, and by the time it all comes out, sometimes you're not really sure what all went in there. You admit to dissenting points of view. Well? It's not like founding father one said: "A" and founding father two said "B", and they held diametrically opposing points of view and the rest of the founding fathers (but not the mothers), all had to choose A or B. They understood compromise, even back then.

    I'm glad you admit the constitution is not currently meaningless or useless, even though the phrase "living Constitution" was coined by some Justice years ago--but it sounds like you anticipate it will be at some point. I'm not sure why.

  7. #16
    Super Moderator UGLY's Avatar
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    Default Re: Souter to retire

    Clone good point. But we do have documentation that describes what is in the constitution and why it is in there. Of course interpretations can very but there is a limit to how much variance there can be.

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