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Justice Scalia on Restoring the Constitution: "I don't know that I'm optimistic."
Sodahead: Opinions...Everbody's Got One. (from CNSNews.com) ^ | 11/6/2012 | Patrick Burke

Posted on 11/08/2012 6:36:21 PM PST by SC_Pete

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Randy Barnett's Bill of Federalism is intriguing. Everyone should take a look. Considering the crisis of our Republic and the real possibility of our Constitution is deconstructed by a RADICAL COURT in the near future, perhaps a courageous approach is worth the risks involved. Having 30 GOP governors creates opportunity.
1 posted on 11/08/2012 6:36:26 PM PST by SC_Pete
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To: SC_Pete

Fat Chance of restoring the Constitution with 2 dykes and sell out Roberts.

The Court is now 5 - 4 liberal, and it will get worse.


2 posted on 11/08/2012 6:40:11 PM PST by Venturer
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To: SC_Pete
Talk to me about the 4th and 5th amendments, Justice Scalia....

Do they mean the plain words on the parchment? Or is there wiggle room?

I'm less than impressed with many of his decisions.

/johnny

3 posted on 11/08/2012 6:42:56 PM PST by JRandomFreeper (Gone Galt)
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Comment #4 Removed by Moderator

To: SC_Pete

I am really afraid or maybe I should say sure that the Constitution as we know it has been abandoned! It matters little these days whether the Supreme Court or anyone else agrees or disagrees.

The only thing that will restore the Constitution seems to be another uprising of the people that support it. Not sure that it could happen today though - too many passive folks just watching as our liberties continue to erode. When it happens slowly, it is not noticed.


5 posted on 11/08/2012 6:46:39 PM PST by Deagle (quo)
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To: Venturer

In an interview, Scalia said he has about as much “hope” as Frodo had. It will be almost impossible to return our country back into a Constitutional Republic. But he did say, there was a slight possibility.


6 posted on 11/08/2012 6:48:18 PM PST by savagesusie (Right Reason According to Nature = Just Law)
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To: rockybalmon
I have no fear for him. Taxes flow to pay for his security. Much smarter guys than are now available planned for government continuity back in the '50s when we were looking down the launch tube of a nuke every day.

He'll be safe. As should be.

He does need to wrap his head around the plain words on parchment every now and then.

/johnny

7 posted on 11/08/2012 6:50:59 PM PST by JRandomFreeper (Gone Galt)
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To: rockybalmon
In the revolution that is near. I fear for justice Roberts. He must know.

Oh, I'm sure that somewhere near D.C., there's a Gulfstream pilot with a flight plan to Malta prepped and ready to use.

8 posted on 11/08/2012 6:52:01 PM PST by Charles Martel (Endeavor to persevere...)
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To: Deagle

Check out the link to Randy Barnett. His Bill of Federalsim addresses many of these issues confronting our country now: he provides a strategy for changing the Copnstitution. Given the 30 governors and legislatures, it is not as far-fetched as you might think.


9 posted on 11/08/2012 6:53:19 PM PST by SC_Pete
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To: Deagle
It doesn't take an uprising. Study Ghandi. First they ignore you, then they...

/johnny

10 posted on 11/08/2012 6:53:49 PM PST by JRandomFreeper (Gone Galt)
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To: SC_Pete

The Constitution has been dead since the New Deal. All it is now is a fig leaf for statism.


11 posted on 11/08/2012 6:55:50 PM PST by cdcdawg
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To: SC_Pete

Without any further looking... I don’t want to change the Constitution - I want to preserve it! Big difference..

Not sure what you meant but will assume that you also meant preserve the Constitution until I know otherwise.


12 posted on 11/08/2012 6:56:46 PM PST by Deagle (quo)
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To: SC_Pete

could this be what Mark Levin is hinting at?


13 posted on 11/08/2012 6:57:23 PM PST by dontreadthis
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To: Deagle
"The only real hope we have of restoring the Constitution is an effort by the people themselves, through their state governments, to force the federal government to relinquish the powers it has usurped."

This is where we need to focus our attention. We have the ability to outnumber the federal bureaucracy with 50 state bureaucracies. If even a handful of states could be energized to become firewalls for freedom and face up to the feds using the Constitution as their weapon this battle can be won.

From this point on, I could care less about the Feds. My energy will be focused upon trying to energize my state into action. We will be looking into every option, both legislatively as well as the utilization of ballot amendments to achieve maintaining our freedom.

14 posted on 11/08/2012 6:57:47 PM PST by Uncle Sham
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To: Deagle
The only thing that will restore the Constitution seems to be...

probably applying Thomas "The tree of liberty must be refreshed from time to time" Jefferson's words of wisdom... hopefully more with their blood

15 posted on 11/08/2012 7:00:23 PM PST by C210N ("ask not what the candidate can do for you, ask what you can do for the candidate" (Breitbart, 2012))
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To: Venturer

Check this out. Scroll down to the Bill of Federalism:

http://en.wikipedia.org/wiki/Randy_Barnett

QUOTE:
Ratification Strategy

... First, that Congress shall call a convention, consisting of delegates from the several States selected by procedures established by their respective legislatures, for the purpose of proposing the following articles be added as separate amendments to the Constitution of the United States, each of which shall be valid to all intents and purposes as part of the Constitution when separately ratified by the legislatures of three-fourths of the several States; ...

Resolution for Congress to Convene a Convention to Propose Amendments Constituting a Bill of Federalism

Background

The Constitution is the Supreme Law of the United States. Article V of the Constitution provides two ways for amendments to be proposed and two ways for them to be ratified. Congress may propose Amendments to the States, or the States may petition Congress to declare a constitutional convention to propose amendments. While there have been resolutions in favor of Constitutional Conventions, Congress has always preempted them by proposing the amendments themselves. Once proposed, an amendment can be ratified by a three-fourths vote of either the State Legislatures, or by State Convention. The amendment can specify how it is to be ratified: only the Twenty-First Amendment was ratified by State Conventions.

Resolution
Barnett would like the States to call for a Constitutional Convention. This was in fact his main proposition when he appeared on the Glenn Beck show, with the actual amendments being drafted later. He has drafted a resolution to call for a convention. He believes that this is a necessary step, as Congress would not voluntarily propose amendments which largely weaken its power.

Gerard N. Magliocca has written an article supporting the idea of calling for a Convention.[16]

Criticism
The John Birch Society has criticized the idea of calling for a constitutional convention, calling it a “dangerous temptation” and a “threat to our Constitution.”[17][18] Barnett has countered that historically, whenever the states have called for a Constitutional Convention, Congress has responded by proposing the amendments themselves. He also notes that even in the case of a constitutional convention, the proposed amendments still need to be ratified by three-quarters of the states.[14]”


16 posted on 11/08/2012 7:01:42 PM PST by SC_Pete
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To: Charles Martel
Hammer-man, he's got better than a Gulfstream and Malta available, should push come to shove. He's got a government planned evacuation procedure.

He should be perfectly safe. As it should be.

/johnny

17 posted on 11/08/2012 7:04:40 PM PST by JRandomFreeper (Gone Galt)
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To: Deagle

This is a way of preserving by erecting a fence of contemporary language that cannot be avoided or subverted. The Bill of Federalsim turns the clock back to the orginal intent of the framers.


18 posted on 11/08/2012 7:05:22 PM PST by SC_Pete
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To: SC_Pete

Thanks, intent of the framers says it all!


19 posted on 11/08/2012 7:09:32 PM PST by Deagle (quo)
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To: dontreadthis

It may be. If we don’t do something NOW, our goose is cooked anyway. Here’s a paper promoting the idea of a Consitutional Cinvetion published in the Cardoza Law Review:

click on download:
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1284371

Amendments to the Constitution require 3/4 ratification by state legislatures. WE HAVE 30 GOVERNORS AND LEGILATURES. The process could be controlled by RED STATES. We have an edge right now, but the number of red states will decline precipitously in the near future. THIS IS A NUCLEAR OPTION THAT THE RATS TRULY FEAR. We could stop them in their tracks—and erase 100 years of Progressivism’s effect on the Constitution.


20 posted on 11/08/2012 7:13:09 PM PST by SC_Pete
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