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The Constitution in 2020?
The Volokh Conspiracy ^ | 7-27-2009 | Eric Posner

Posted on 07/27/2009 1:52:41 PM PDT by stan_sipple

A new book edited by Jack Balkin and Reva Siegel collects essays that envision a progressive constitution by 2020. The odd thing about the book is that the editors stipulate that Warren Court-style judicial activism is dead, while still insisting that a progressive constitution in eleven years is possible or even likely. Hence they and their contributors have the formidable task of imagining how a progressive constitution could emerge without judicial involvement or with limited judicial involvement, or even in the teeth of resistance by a right-wing supreme court. The upshot is that some contributors advocate judicial restraint so that courts will not block progressive legislation duly coughed up by legislatures—a backhanded kind of progressivism if that counts as progressivism at all—while others simply advocate progressive legislation of various flavors without saying much about the courts at all, hoping that this legislative activity will have constitutional implications.

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


TOPICS: Books/Literature; Government; Society
KEYWORDS: constitution; jackbalkin; revasiegel; scotus

1 posted on 07/27/2009 1:52:45 PM PDT by stan_sipple
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To: stan_sipple

http://www.tnellen.com/cybereng/harrison.html


2 posted on 07/27/2009 1:56:46 PM PDT by Artemis Webb
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To: Artemis Webb

All the more reason to hasten the fracture of the “Untied States of America into its respective “Red Country” and “Blue Country” factions.

Red Country gets to keep the wording of the Declaration of Independence, and most of the provisions of the US Constitution, excluding the 16th, 17th, 18th, 21st, 23rd and 26th Amendments, which do not improve the quality of life for anybody.

Blue Country may then be free to write whatever the hell set of cockamaymie rules they want for themselves, but they shall not be allowed to impose them upon Red Country. Attempts to do so shall be met with armed force at the boundary.

Shoot first and ask later. Forgiveness is much easier to obtain than permission.


3 posted on 07/27/2009 2:12:49 PM PDT by alloysteel (Never let an inanimate object know that you are in a hurry.)
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To: alloysteel

Ten years from now there won’t be any Red Country. It’ll be Blue from coast to coast, with a speckle of Red here and there, with the jackals closing in for the final kill.

The “soldier of fortune” fantasy is fun, but it’s too late for that. Barring a plague, asteroid strike, nuclear war, EMP event, or other catastrophe that destroys the economic, political and technological infrastructure of the world system, the Enemy’s grip on the people of the country (and the world) will be complete long before 2020.

And don’t think that living in East Jesus, Alabama will save you; by 2020, the Enemy’s apparatus for psychological and social control will be so advanced that “even the elect will be deceived”. Resist the system and your own friends and neighbors will laugh as they haul you away.

We are fighting spiritual powers here, friend; guns and politics won’t do a thing against them. Only Jesus Christ can save us now. We should spend our time begging Him for His mercy instead of wallowing in adolescent daydreams of being one of the Wolverines.


4 posted on 07/27/2009 2:26:38 PM PDT by B-Chan (Catholic. Texan. Monarchist. Any questions?)
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To: stan_sipple

It’s called court packing. The Congress can pass a law dictating that the SCOTUS has 11 or 13 justices, then they nominate them (liberals) in the usual fashion. It would then be a 6-5 or an 8-5 court, liberals having the stronger number.


5 posted on 07/27/2009 3:00:57 PM PDT by Thunder90
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