Posted on 10/19/2017 10:23:56 AM PDT by Maceman
Seventh Circuit Judge Richard Posner sees “absolutely no value” in studying the U.S. Constitution because “eighteenth-century guys” couldn’t have possibly foreseen the culture and technology of today.
In a recent op-ed for Slate, Judge Posner, a senior lecturer at the University of Chicago Law School, argued that the original Constitution, the Bill of Rights, and the post–Civil War amendments “do not speak to today.”
“I see absolutely no value to a judge of spending decades, years, months, weeks, day, hours, minutes, or seconds studying the Constitution, the history of its enactment, its amendments, and its implementation (across the centuries — well, just a little more than two centuries, and of course less for many of the amendments),” he wrote. “Eighteenth-century guys, however smart, could not foresee the culture, technology, etc., of the 21st century.”
He added, “let’s not let the dead bury the living.” Judge Posner, an outspoken opponent of late Justice Antonin Scalia, also blasted “absurd” posthumous encomia for the late conservative.
(Excerpt) Read more at washingtontimes.com ...
This empty eyed judge needs to read real scholars like John C. H Wu, whose analysis of the Natural Law underpinings of our Constitution confer like minded decision making on judges.
Wish had link, but refertosynopsis to Wu article in Fordham Law Review.
Read and appreciate.
A refreshing burst of honesty from a swamp monster. It's clear that they all think this way; 80%-90% of "Fedzilla" is completely unauthorized if not outright forbidden by the Constitution.
So by his reasoning any transient could just come in, throw him out and take his seat.
Why not?
Why should Trump even listen to or follow these circus ring judges?
this jerk should be impeached and disbarred.
followed by a good old fashioned tar-and-feathering.
Is he senile, stupid or just plain to lazy to study?
If one does not believe God exists they cannot accept God’s gifts.
As part of Posner’s oath office is to support the Constitution of the United States. If Posner sees no value in studying the Constitution, how does he support it in his rulings. His statements disqualify him to be a judge because he is not fulfilling his oath and is in fact, intentionally violating it.
On a recent legal case and Posner’s questionable interest in and use of Jewish law:
“Legal theorists might claim Posner’s diversion into interpreting religious doctrine is harmless, because he didn’t base his ruling on those interpretations. But they would be wrong. Injecting “religious inclinations” and interpretations into a court decision has no basis in law, sets a dangerous precedent, and can have troubling consequences. Will litigants have to take into consideration any such future “inclinations” to receive a fair ruling? What if there is a conflict of interest between a judge’s “religious” and “legal” inclination? Will other judges decide cases based on Posner’s analysis of Jewish law? This is a sliding scale to theocracy, and a fickle one at that — the very system the Establishment Clause was designed to safeguard us from.
Eliyahu Federman has written for Reuters, USA Today, Jerusalem Post and others on the intersection of religion and the First Amendment
Read more: http://forward.com/opinion/209193/judge-posner-overstepped-bounds-in-chabad-drinking/
An apt metaphor. He, and many other judges, especially the one in Hawaii, deserves a good impeaching.
None of the above.
I think that one word succinctly describes his ideas. EVIL.
Mark
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