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Roberts Robes Himself in Pragmatism
Business Week Online ^ | SEPTEMBER 14, 2005 | orraine Woellert

Posted on 09/14/2005 12:39:41 AM PDT by konaice

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To: verity

"Roberts did not cross and fight."
Bork did and he was "Borked."



Did Bork have 55 republican senators in the senate?

" The Democrats had regained control of the Senate by a 54 to 46 margin in the 1986 elections."

Bork had a very uphill battle. Roberts has no such problem. In fact Roberts has NINE more senators on his side.

But hey when a man has no spine - nothing will back him up.


21 posted on 09/14/2005 5:12:57 AM PDT by TomasUSMC (FIGHT LIKE WW2, FINISH LIKE WW2. FIGHT LIKE NAM, FINISH LIKE NAM.)
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To: Raycpa
There is no point in starting an argument that even if won has no effect on any outcomes


He would not have been STARTING an argument. It was started in the first moments of the proceedings. What he had to do is defend himself, defend LIFE.

I think he would have had quite a tremendous effect on the country if he would have showed that he stood by his convictions, that he was not afraid to fight for what he believed, and then to have gone ahead in an eloquent intelligent articulate way stating why 40 million abortions, 3000 a day, has been a terrible defeat on so many fronts for US as a country and as individuals. Geez this is the Supreme Court of the United States we are talking about and the guy is pleading the fifth with a jury that is already on his side.
22 posted on 09/14/2005 5:30:14 AM PDT by TomasUSMC (FIGHT LIKE WW2, FINISH LIKE WW2. FIGHT LIKE NAM, FINISH LIKE NAM.)
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To: TomasUSMC

You seem to be a frustrated "one issue" person who does not understand how the game is played. Accordingly, you are destined to be perpetually frustrated.


23 posted on 09/14/2005 5:48:55 AM PDT by verity (Don't let your children grow up to be mainstream media maggots.)
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To: Raycpa

IMO if our Federal government is to be as intended --one of
few and enumerated powers-- then if a Right is not spelled out in the Constitution-that right most certainly does exist but the Federal government Has NO power over it.
If NOT spelled out in the Constitution the "Right" belongs to the States-- Or if not spelled out in State constitutions belongs to the people and State and Federal governments have no power to regulate.Where the Constitution is silent then the Federal Government most certainly ought remain silent. We run into problems when
we have the supreme Court (or any inferior Court) Pretending to uphold the Constitution-when in fact they are
rewriting the Constitution-- "Wall of separation"myth case
in point.


24 posted on 09/14/2005 5:49:04 AM PDT by StonyBurk
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To: newfreep

From Robert's testimony:

They [the founders] didn't write the equal protection clause in such narrow terms. They wrote more generally. That may have been a particular problem motivating them, but they chose to use broader terms, and we should take them at their word, so that is perfectly appropriate to apply the equal protection clause to issues of gender and other types of discrimination beyond the racial discrimination that was obviously the driving force behind it."

The broad language lends itself to recontruction with ease.


25 posted on 09/14/2005 5:50:41 AM PDT by JusticeForAll76
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To: StonyBurk

Only those rights specified in the Bill of Rights should be protected by the federal govrenment and none of the others like the right to life, liberty etc?


26 posted on 09/14/2005 5:52:52 AM PDT by Raycpa
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To: TomasUSMC

Does Roberts have 55 Republicans in the Senate?IMO the
Republicans have NOT controlled House or Senate since
World War Twice and the establishment of that organization
patterned and established as a reflection of the failed
soviet Communist system.(th eanti-American U.N.) IMO Bush
has Never acted against the U.N. but consistantly has acted
to build up-empower that anti-American organization.Given the manifested Republican leadership under Bush -- I must
ask does Roberts have 55 Republicans? And I cannot count
Snow-and certain others as anything but RINO.


27 posted on 09/14/2005 5:54:09 AM PDT by StonyBurk
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To: Raycpa

Obviously, there is tension between the ninth and tenth amendments, some would even say they are mutually exclusive.

I agree with you, if I understand you correctly, the ninth is judiciable, but in every case, that tension is real and not easily decided.


28 posted on 09/14/2005 5:57:39 AM PDT by JusticeForAll76
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To: verity

Target Hit!


29 posted on 09/14/2005 6:00:58 AM PDT by Redleg Duke (9/11 - "WE WILL NEVER FORGET!")
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To: JusticeForAll76

spoken like a TRUE CARPETBAGGER.


30 posted on 09/14/2005 6:52:15 AM PDT by StonyBurk
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To: Raycpa

our federal government ceased to protect the right to life
when they were cowed by the corrupt Warren Court that
decided Roe v.Wade--and Doe v.Bolton creating a suspect
right to privacy in the shedding of innocent blood.Our constitution(not merely the attached Bill of rights) was
drafted to empower the national government to protect those
rights recognized as a gift from god ( not from Governments) enumerated in the Declaration of Independence.
The Federal Government has chosen to ignore the Declaration
ANd prefers to understand it as boreing old history modern
school children need not even be taught.


31 posted on 09/14/2005 6:58:53 AM PDT by StonyBurk
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To: StonyBurk

Are you referring to my comments regarding the ease of reconstuction (specifically the 14th), or the tension between the 9th and tenth amendment?


32 posted on 09/14/2005 6:59:22 AM PDT by JusticeForAll76
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To: Redleg Duke

Screw the game and how it is played -IMO we need declare a
free fire zone. Calvin is pissin' on the game and how it is
played.


33 posted on 09/14/2005 7:01:06 AM PDT by StonyBurk
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To: JusticeForAll76

IMO I must agree with Brevard Hand on the questionable 14th.
He did raise serious and credible questions about the
ratification of that amendment. And especially of how it has
been abused by the despots in black robes of late. And I did speak to the objecitonable "reconstruction."


34 posted on 09/14/2005 7:04:33 AM PDT by StonyBurk
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To: StonyBurk

Perhaps we disagree on the issue of reconstruction of the 14th. My view is identical with Mr. Roberts, and I am happy that he claried his view.


35 posted on 09/14/2005 7:10:49 AM PDT by JusticeForAll76
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To: Redleg Duke
I find it amazing that there are so many 'credentialed' and influential constitutional experts on this forum.
You must be equally in awe. ;-)
36 posted on 09/14/2005 7:30:28 AM PDT by verity (Don't let your children grow up to be mainstream media maggots.)
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To: verity
In awe...yes, definately in awe!

Awe is the word...as in, "Ahh, not the Sh@t again!"

37 posted on 09/14/2005 7:54:02 AM PDT by Redleg Duke (9/11 - "WE WILL NEVER FORGET!")
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To: TomasUSMC
If he won't stand for Life now when its easy, why would he later when hundreds of lawyers and the media will be attacking him.

Get a clue will you?

The attacks NOW are the only ones that can hurt him. Once he's on the court NOTHING anyone can say makes a difference anymore.

38 posted on 09/14/2005 9:48:33 AM PDT by konaice
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To: TomasUSMC
I think he would have had quite a tremendous effect on the country if he would have showed that he stood by his convictions, that he was not afraid to fight for what he believed, and then to have gone ahead in an eloquent intelligent articulate way stating why 40 million abortions, 3000 a day, has been a terrible defeat on so many fronts for US as a country and as individuals.

So you think one speech in a senate hearing room would solve anything? Because that ONE Speech would be the end of it.

Does the fact that he would never sit on the supreme court if he made that speech ever enter into your equation?

Until (and even after) the Republican majority in the senate greatly exceeds its current level, you can not take the "Damn the torpedoes, Full speed ahead" approach, and expect to get anywhere other than sunk.

But if you really believe that going down in a blaze of glory before even getting to decide one single case from the bench is important, why not write Bush and Roberts a letter?

39 posted on 09/14/2005 10:15:44 AM PDT by konaice
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To: konaice
"The Framers chose to use broad language [in the Constitution], and we should take them at their word."

Well that's good to hear Roberts!

"On every question of construction [of the Constitution] let us carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed."

-Thomas Jefferson, letter to Justice William Johnson, June 12, 1823, The Complete Jefferson, p 322

40 posted on 09/14/2005 10:17:49 AM PDT by Sir Gawain
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