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Justice Kennedy: Constitution open to interpretation
The Norman Transcript ^ | October 2, 2009 | Julianna Parker Jones

Posted on 10/02/2009 6:35:37 AM PDT by SoonerStorm09

NORMAN, Okla. -- The authors of the U.S. Constitution intentionally made it open to interpretation so that it could be adapted to meet changing societal issues, Supreme Court Justice Anthony Kennedy said Thursday in Norman.

"I think (they) sensed that they were on the edge of world history, but they were cautious and they knew it was difficult to rise above injustices and inequalities of their own time," said Kennedy, who is often viewed as the swing vote on the Supreme Court.

Kennedy addressed about 1,500 University of Oklahoma College of Law alumni and students at the centennial celebration for the college at the Embassy Suites Hotel and Conference Center.

Kennedy was the keynote speaker at the event. He participated in a fireside chat with OU President David Boren, who praised Kennedy as he introduced him.

"He's one of the most important persons on the court laying out the importance of individual liberties," Boren said.

Boren asked Kennedy what he thought of the state of civic education in the U.S.

Kennedy said that Thomas Jefferson said democracy requires "virtuous, enlightened people." It's evident, he said, that young people in the U.S. are not being educated about the history of this country or the freedoms they possess.

"You don't take a DNA test to see if you believe in freedom, it's taught," Kennedy said.

(Excerpt) Read more at normantranscript.com ...


TOPICS: Government; News/Current Events; US: Oklahoma
KEYWORDS: constitution; kennedy; supremecourt
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1 posted on 10/02/2009 6:35:37 AM PDT by SoonerStorm09
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To: SoonerStorm09
The authors of the U.S. Constitution intentionally made it open to interpretation so that it could be adapted to meet changing societal issues, Supreme Court Justice Anthony Kennedy said Thursday in Norman.

Yeah. They didn't really mean anything by all that "amendment" stuff.

Pathetic.

2 posted on 10/02/2009 6:37:11 AM PDT by TChris (There is no freedom without the possibility of failure.)
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To: SoonerStorm09
"You don't take a DNA test to see if you believe in freedom, it's taught," Kennedy said.

Assclown.
3 posted on 10/02/2009 6:37:34 AM PDT by WackySam (To argue with a man who has renounced his reason is like giving medicine to the dead.)
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To: SoonerStorm09
"I think (they) sensed that...

No fact, just feeeeeeeeeeeeeeling.

4 posted on 10/02/2009 6:37:48 AM PDT by Puppage (You may disagree with what I have to say, but I shall defend to your death my right to say it)
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To: SoonerStorm09

“I think (they) sensed that they were on the edge of world history, but they were cautious and they knew it was difficult to rise above injustices and inequalities of their own time,” said Kennedy, who is often viewed as the swing vote on the Supreme Court.

Key words: “I think...” I don’t care what he thinks; he needs to prove the founders didn’t mean what they wrote.


5 posted on 10/02/2009 6:38:12 AM PDT by GoDuke
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To: SoonerStorm09
The authors of the U.S. Constitution intentionally made it open to interpretation so that it could be adapted to meet changing societal issues

No they wrote specific procedures to be followed to amend the Constitution so we wouldn't have to depend on some despot's "interpretation".

6 posted on 10/02/2009 6:39:17 AM PDT by rhombus
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To: WackySam

Does this interpretation thingy work with Tax Returns? Just saying.


7 posted on 10/02/2009 6:39:44 AM PDT by equalitybeforethelaw
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To: Puppage

I think you mean “empathy”.


8 posted on 10/02/2009 6:40:06 AM PDT by marstegreg
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To: SoonerStorm09

Maybe that thing about Supreme Court Justices serving for life is “open to interpretation” also.


9 posted on 10/02/2009 6:40:09 AM PDT by Graybeard58 ( Selah.)
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To: GoDuke

Sowell talks about this mindset in “Conflict of Visions”.

Leftists see the argument as being between men of the 1700’s who had little knowledge compared to today’s enlightened elite. It’s obvious to the leftist whose vision should prevail in this comparison.


10 posted on 10/02/2009 6:40:45 AM PDT by MrB (Go Galt now, save Bowman for later)
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To: SoonerStorm09

Ah, the federal judiciary. One of the worst things the Framers ever did to the American people.


11 posted on 10/02/2009 6:41:06 AM PDT by Huck ("He that lives on hope will die fasting"- Ben Franklin, Poor Richard's Almanac)
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To: SoonerStorm09
The authors of the U.S. Constitution intentionally made it open to interpretation amendment so that it could be adapted to meet changing societal issues, Supreme Court Justice Anthony Kennedy said Thursday in Norman
12 posted on 10/02/2009 6:41:44 AM PDT by GeronL
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To: SoonerStorm09
The authors of the U.S. Constitution intentionally made it open to interpretation.

Really?

Did any of them ever say this? It's not as if they didn't write down a lot of their thoughts, is it?

Quoting Mr. Jefferson on democracy doesn't really cut it. The Constitution isn't about democracy, and Mr. Jefferson was did not participate in the drafting of the Constitution. (He was in France.)

ML/NJ

13 posted on 10/02/2009 6:41:52 AM PDT by ml/nj
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To: SoonerStorm09

Kennedy didn’t take the oath, right?


14 posted on 10/02/2009 6:41:56 AM PDT by Hattie
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To: SoonerStorm09
Who cares what this loser thinks anymore, he abdicated his power and now he is just another liberal baby killer, I could care less about.
15 posted on 10/02/2009 6:42:20 AM PDT by TexasFreeper2009 (Obama lied, the economy died)
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To: SoonerStorm09
"Justice Kennedy: Constitution open to interpretation"

Kennedy is a lying pos, the Framers provided for differing opinion through the Amendment process. Of course, back then men were more intellectually honest than the like of Justice Kennedy. It was that little 'God' thing that kept men walking in the way of truth and integrity. Today they're god's unto themselves.

16 posted on 10/02/2009 6:42:30 AM PDT by jiminycricket000
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To: SoonerStorm09

Kennedy said that Thomas Jefferson said democracy requires “virtuous, enlightened people.”

I think “virtuous” is the problem with this Administration.


17 posted on 10/02/2009 6:43:30 AM PDT by marstegreg
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To: jiminycricket000

The Constitution is only open to interpretation BY LIBERALS. Nobody else even questions it. That just shows you where the liberal mentality is regarding our Constitution because it obstructs the far left radicals from completely taking over this country. The Constitutionwritten specifically with LIMITATIONS ON GOVERNMENT INTRUSION AND INTERVENTION. Only liberals see this as a problem to be overcome and therefore they that think this way are all traitors to this country and its founding principles.


18 posted on 10/02/2009 6:45:38 AM PDT by Ev Reeman
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To: SoonerStorm09
Where do they get these people?

You interpret it ACCORDING TO THE INTENT of the people who wrote it. Period.

If you want to CHANGE it, they provided the amendment process.

...and these people pass themselves off as scholars? Those who espouse this view are nothing but activists wanting to fundamentally change the foundation and basis for our society, our liberty, and our way of life.



912: AMERICA AWAKENS IN 2009

19 posted on 10/02/2009 6:46:13 AM PDT by Jeff Head (Freedom is not free...never has been, never will be. (www.dragonsfuryseries.com))
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To: SoonerStorm09

Kennedy has always had a tenuous understanding of things that are clear.

It makes you wonder if he ever read the document or if he just pulls this crap out of his...


20 posted on 10/02/2009 6:46:34 AM PDT by Steamburg ( Your wallet speaks the only language most politicians understand.)
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To: WackySam
You don't take a DNA test to see if you believe in freedom, it's taught

I am just curious what, in this statement, you find so offensive.

21 posted on 10/02/2009 6:47:49 AM PDT by AndyJackson
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To: Ev Reeman
Absolutely true. If a Conservative were to "interpret" the Cosntitution and find that Abortion was not specifically protected by the document, the Left would go nuts. "How dare you! Are you nuts? It's right there! Look at the penumbra! This is not your decision! Don't deny people their constitutional protection!"
22 posted on 10/02/2009 6:48:04 AM PDT by ClearCase_guy (Play the Race Card -- lose the game.)
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To: SoonerStorm09

“The authors of the U.S. Constitution intentionally made it open to interpretation so that it could be adapted...”

He and the Wide Latina have evidently been consulting the same Ouija board...


23 posted on 10/02/2009 6:48:08 AM PDT by jessduntno (Tell Obama to STFU - Stop The Federal Usurpation.)
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To: SoonerStorm09
"You don't take a DNA test to see if you believe in freedom, it's taught," Kennedy said.

But apparently not at at Justice Kennedy's alma mater Harvard Law School (as if we didn't know that already).

24 posted on 10/02/2009 6:48:51 AM PDT by KarlInOhio ("I can run wild for six months ...after that, I have no expectation of success" - Admiral Obama-moto)
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To: SoonerStorm09

The Constitution is open to interpretation, and was meant to be. But as Chief Justice Marshall noted, that interpretaion depends “on a fair construction of the whole instrument.” In other words, all of what you need to interpret the Constitution is in the Constitution itself. It is not based on changing social issues or positions.


25 posted on 10/02/2009 6:49:49 AM PDT by Non-Sequitur
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To: SoonerStorm09

how in the hell did he get through law school with such a sloppy thought process?


26 posted on 10/02/2009 6:50:50 AM PDT by Buckeye McFrog
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To: SoonerStorm09

I give you the all-important fifth vote....


27 posted on 10/02/2009 6:51:08 AM PDT by Cyber Liberty (Ram "Health Care Reform" down our throats in '09, and we'll ram it up your @ss in '10.)
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To: equalitybeforethelaw
Does this interpretation thingy work with Tax Returns? Just saying.

Yes. Until you are audited. Then the IRS and the taxpayer compare interpretations. Guess who wins.
28 posted on 10/02/2009 6:51:35 AM PDT by Cheburashka (Stephen Decatur: you want barrels of gunpowder as tribute, you must expect cannonballs with it.)
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To: SoonerStorm09

Probably never occurred to the old fart that the amendment process is for changes.

He is one of those with a brain so small he has to make it up as he goes. I wonder what Dodomayor thinks? She does think doesn’t she?

Sort the same as Oba-Mao with his follow on speeches, they each have changes to what he said last night.


29 posted on 10/02/2009 6:51:41 AM PDT by Tarpon (Oba-Mao is a reader, not a leader ...)
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To: TexasFreeper2009
Who cares what this loser thinks anymore, he abdicated his power and now he is just another liberal baby killer, I could care less about.

Who cares? How about every law-abiding firearm-owner in this country who's ability to posess a firearm hinges on this man's opinion.

30 posted on 10/02/2009 6:52:06 AM PDT by Erik Latranyi (Too many conservatives urge retreat when the war of politics doesn't go their way.)
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To: SoonerStorm09

Unfortunately Kennedy is the only vote that counts on the Supreme Court. Four Lefties. Four who support the Constitution. So Kennedy is the swing vote. Kennedy is the the Supreme Court. The rest of the court could just stay home and we would never notice.


31 posted on 10/02/2009 6:52:48 AM PDT by InterceptPoint
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To: SoonerStorm09

NO, actually the writers of the Constitution studied every word so it wouldn’t be left open to change and interpretation.

Those who think otherwise are just numb nuts who want to push their own social justice agenda...aka commies!


32 posted on 10/02/2009 6:53:00 AM PDT by RowdyFFC (Nancy Pelosi...please deny her any health care....)
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To: Buckeye McFrog
how in the hell did he get through law school with such a sloppy thought process?

It's Harvard. If your thought process wasn't that sloppy, it would have to be made sloppy or you would flunk out.

You have to realize that people who go to Harvard are better than us, and therefore must be taught how to evade that silly little Constitution so they can rule us. < /gigasarcasm>

33 posted on 10/02/2009 6:53:31 AM PDT by KarlInOhio ("I can run wild for six months ...after that, I have no expectation of success" - Admiral Obama-moto)
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To: Non-Sequitur

And so you identify and state the “conflict of visions”.

“Liberal Christians” do the same thing with the bible. Instead of interpreting scripture with scripture, they declare the whole thing “allegory” and open to interpretation.

My counter to that assertion is that then you’ll just pick and choose what you WANT to be true or not. The response I got was “what’s wrong with that?”.


34 posted on 10/02/2009 6:53:58 AM PDT by MrB (Go Galt now, save Bowman for later)
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To: TChris
"They didn't really mean anything by all that "amendment" stuff."

Exactly! This statement ALWAYS destroys libs that preach to me the "living document" garbage.

35 posted on 10/02/2009 6:54:18 AM PDT by newfreep ("Liberalism is just Communism sold by the drink." - P.J. O'Rourke)
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To: InterceptPoint

Sad state of affairs in the country.

The FINAL arbiter of the law is ONE MAN.


36 posted on 10/02/2009 6:55:26 AM PDT by MrB (Go Galt now, save Bowman for later)
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To: SoonerStorm09

This is my biggest worry. Kennedy will vote to strike down Chiacgo’s gun ban. He will vote to strike down McCain-Feingold. But I believe he will also side with the Boies-Olson forces and make “LGBT” marriage the law of the land.


37 posted on 10/02/2009 6:55:51 AM PDT by montag813 (During times of universal deceit, telling the truth becomes a revolutionary act. -George Orwell)
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To: SoonerStorm09

As I’ve said about the lefties who complain that the Republicans are buggering up their grand dreams, they have the White House, both Houses of Congress, and - depending on Anthony Kennedy’s mood - the judiciary as well. If they can’t get stuff passed, it’s their own damn fault.


38 posted on 10/02/2009 6:59:26 AM PDT by Christian4Bush ("A community organizer can't start bitching when communities organize." - Rush, 8/5/09)
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To: SoonerStorm09
By any chance did he cite any parts of the Federalist Papers on this? I'd like to have a look.

I suspect, like many of his asinine rulings, this is just his personal opinion.

39 posted on 10/02/2009 7:05:39 AM PDT by Little Ray (Obama is a kamikaze president aimed at the heart of this Republic.)
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To: ClearCase_guy

Our Constitution promotes life, not abortion; promotes freedom, not government control over everything.


40 posted on 10/02/2009 7:06:36 AM PDT by Ev Reeman
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To: ClearCase_guy

Our Constitution promotes life, not abortion; promotes freedom, not government control over everything.


41 posted on 10/02/2009 7:06:47 AM PDT by Ev Reeman
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To: SoonerStorm09

Actually, the Founding Fathers went to great lenghts to simplify it. In the simplest terms possible, The Constitution says what it means and means what it says. There was no wriggle room. Until the Communists and Socials were given control.

In your mind, go back to Germany beginning at the late 20s and 30s. Now fast forward to the present day United States of America. Conservatives here and now are the Jews of then Germany. They are constantly ridiculed and attacked viciously by both the propganda machine of the Party, otherwise known as the media and on the floor of the leglistative body as happened last week. When Conservatives try to stand for the truth, they are slandered, ridicules, and attacked by the Party, Republicans and media.


42 posted on 10/02/2009 7:09:18 AM PDT by sport
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To: MrB

I wonder what God thinks of LIBERAL Christians who support unregulated limitless abortion and liberal activist judges who give light sentences to child rapists and murderers etc.


43 posted on 10/02/2009 7:11:20 AM PDT by Ev Reeman
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To: newfreep

One changes the Constitution through the Amendment process and ONLY the Amendment process. That is the LEGAL way. All else is unconstitutional.


44 posted on 10/02/2009 7:14:15 AM PDT by Ev Reeman
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To: Graybeard58
Maybe that thing about Supreme Court Justices serving for life is “open to interpretation” also.

Term limits for all - and salaries/compensations commensurate with real Americans

45 posted on 10/02/2009 7:17:23 AM PDT by maine-iac7 ("He has the right to criticize who has the heart to help" LINCOLN)
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To: Ev Reeman

Matthew 7:21-23
True and False Disciples
21 “Not everyone who says to me, ‘Lord, Lord,’ will enter the kingdom of heaven, but only those who do the will of my Father who is in heaven. 22 Many will say to me on that day, ‘Lord, Lord, did we not prophesy in your name and in your name drive out demons and in your name perform many miracles?’ 23 Then I will tell them plainly, ‘I never knew you. Away from me, you evildoers!’


46 posted on 10/02/2009 7:18:31 AM PDT by MrB (Go Galt now, save Bowman for later)
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To: AndyJackson
I am just curious what, in this statement, you find so offensive.

A person does not have to be taught to believe in freedom any more than an animal has to be taught to not like being caged.


47 posted on 10/02/2009 7:19:12 AM PDT by WackySam (To argue with a man who has renounced his reason is like giving medicine to the dead.)
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To: Ev Reeman

It is the most absurb claim that the Constitution is open to interpretation...if that is so, then so are ALL of our LAWS.

If this is so, your silly liberals, then your precious Koyto Treaty is OPEN to INTERPRETATION...What silly people they are.


48 posted on 10/02/2009 7:21:05 AM PDT by Moby Grape (Formerly Impeach the Boy...name change necessary after the Marxist won)
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To: SoonerStorm09

So I guess that “free speech” stuff was just thrown in for a discussion topic?


49 posted on 10/02/2009 7:22:35 AM PDT by Oldpuppymax (AGENDA OF THE LEFT EXPOSED)
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To: SoonerStorm09

Get a clue, Kennedy. Overturn the 2nd amendment with your silly, self-important, “I’m far more clever than the rest of you” beliefs and actual Americans will prove you wrong...by the millions upon millions.


50 posted on 10/02/2009 7:25:47 AM PDT by Oldpuppymax (AGENDA OF THE LEFT EXPOSED)
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