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ROBERT BORK CALLS MIERS NOMINATION "A DISASTER"
Tucker Carlson ^ | October 5, 2005 | Press Release

Posted on 10/07/2005 3:50:01 PM PDT by Sam Hill

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To: DevSix
The brilliance of our Founding Fathers is that all can understand the Constitution

Neither that nor more importantly DO all understand the constitution. I have been amazed at how many of my religious right "conservatives" here on FR have no idea what the Constitution actually says. It took the greatest minds of the French enlightenment (they happened to be Americans and we call them our Founding Fathers) to go through the brilliant and lengthy arguments to produce it in the first place. No it takes a truly first rate mind to understand our constitution in its intricacies, balances, and nuances (and for a document to be so short and sweet and still work is because it is sufused with nuances).

781 posted on 10/08/2005 6:14:14 AM PDT by AndyJackson
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To: AndyJackson
Can you provide some examples of these "nuances" that ordinary laypeople wouldn't be able to get?
782 posted on 10/08/2005 6:21:01 AM PDT by inquest (FTAA delenda est)
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To: Torie
I want folks who have demonstrated excellence, intellectual excellence, and intellectual integrity.

Well I am not a lawyer. I am a physicist. In my field the ultimate prize is the Nobel. It's a guild thingee, too. You get there through intellectual excellence and integrity. A lot of the people who got it came out of "elitist" schools. That is because what comes out is a a big function of what goes in. Some don't. But still, somewhere along the way they have demonstrated excellence, intellectual excellence and integrity. Focusing on this, this nominee does not measure up, no where, no how, and head of sales for a big company (senior partner) is not an intellectual prize, it is a schmoozing prize. The head of the firm doesn't do the intellectual work, and probably never did. He has lunch with the power brokers around town and brings in business. He/she is a rainmaker. But I will let you tell that story - it is your field not mine.

783 posted on 10/08/2005 6:21:15 AM PDT by AndyJackson
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To: AndyJackson
It is not the vote that counts, but the reasoning of the opion that carries the weight and affects how the law will operate for centuries hence. If this woman were capable of the heavy lifting we would have seen some evidence of the bulging intellectual muscles sometime somewhere.

Perfect. And absolutely irrefutable.

784 posted on 10/08/2005 6:21:58 AM PDT by KentTrappedInLiberalSeattle ("As a conservative site, Free Republic is pro-G-d, PRO-LIFE..." -- FR founder Jim Robinson)
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To: AntiGuv

LOL, I wish I could make that my tagline!


785 posted on 10/08/2005 6:24:24 AM PDT by mosquitobite (What we permit; we promote. ~ Mark Sanford for President!)
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To: inquest
Well, let me provide you one that is not a nuance that a lot of people on free republic don't get - habeus corpus. A lot of folks here think it is perfectly ok for folks to be locked away forever in Abu Ghraib or Guantanamo without access to any sort of due process and habeaus corpus should not constrain the powers of the executive abroad. Well, thankfully they lost that argument. This was a case where the professional military, who have a Christian sense of "do unto others" and professional honor, split with the so-called neo-cons, who apparently don't and think that a 10th rate bureaucrat ought to have the power, unreviewed by any quasi-judicial process, to condemn someone to hell.

This isn't even a nuance. Habeus Corpus is a right won at Runnymeade (there goes that foreign precedent thing) and was the first right overturned by Hitler when the Nazis assumed power in Germany.

786 posted on 10/08/2005 6:26:41 AM PDT by AndyJackson
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To: jwalsh07
We don't use "English common law"

Your ignorance is staggering. Most suits in law are based partially or entirely on English common law.

787 posted on 10/08/2005 6:30:09 AM PDT by AndyJackson
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To: jonrick46
She is not an intellectual powerhouse because she was not on the intellectual's short list.

You mistake cause and effect. She is not on any discerning person's short list because she has not demonstrated that she is an intellectual powerhouse. Until she demonstrates some time somewhere that she has argued here way out of a complex case, not starting from, but sustaining thereby, a conservative principle, she is not a conservative intellectual powerhouse. Conservatives have nothing to fear from well reasoned positions starting from sound fact - I like to believe anyway. It is the liberal departure from fact and sound logic that has lead us astray.

788 posted on 10/08/2005 6:33:22 AM PDT by AndyJackson
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To: NittanyLion
"Is this logic actually beyond your ability to comprehend, or are you being deliberately obtuse?"

Ironic that this comment is coming from someone so obtuse they've completely missed the fact that my whole point is to show the Conservative party is not fractured. No matter how you state the numbers, you just underline my point. Thank you.

789 posted on 10/08/2005 6:34:09 AM PDT by Rokke
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To: jonrick46
Miss Meirs may know all she needs to know about the Constitution by studying constitutional law with her friend...

You do not demonstrate mastery of a subject by studying it, but by applying it. When she successfully shows how she can reason her way through a constitutional argument I will applaud this nomination. Absent any positive demonstration that she has done so till now I will remain a solid and vocal skeptic and dissenter. The way you silence dissent is through sound reason, not the volume of your statements. I hope my skepticism is demolished when she appears before the judiciary commttee. Somehow, however, I have this nagging doubt.

790 posted on 10/08/2005 6:36:15 AM PDT by AndyJackson
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To: NittanyLion
If logical comparison and considered dissent are now "elitism," rather than the baseline eleements of rational discourse conservatism has always prized and valued in the past: then the movement's intellectual underpinnings are well and truly rotted away.

I wish I had written that.

791 posted on 10/08/2005 6:38:53 AM PDT by AndyJackson
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To: Rokke
my whole point is to show the Conservative party is not fractured. No matter how you state the numbers, you just underline my point.

"Forget the facts. I am right, right, right! There, I said it thrice!" I suppose your definition of "conservative party" will prove to be so slippery as to defy any argument.

792 posted on 10/08/2005 6:41:04 AM PDT by AndyJackson
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To: msnimje

It is my fault. i misdirected to you the quest for documentation. I am not sure why I sent it to you. Sorry.


793 posted on 10/08/2005 6:44:52 AM PDT by ontos-on
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To: AndyJackson
"I suppose your definition of "conservative party" will prove to be so slippery as to defy any argument."

Probably. That is why it is such a relief that you've joined this thread. We've been waiting for someone to offer a precise definition of the "conservative party". I wait with eager anticipation to read your response.

794 posted on 10/08/2005 6:46:29 AM PDT by Rokke
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To: petitfour

What does it mean when just about every conservative voice in the USA is concidered the enemy?


795 posted on 10/08/2005 6:47:16 AM PDT by jpsb
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To: Rokke
Ironic that this comment is coming from someone so obtuse they've completely missed the fact that my whole point is to show the Conservative party is not fractured. No matter how you state the numbers, you just underline my point. Thank you.

Let me rephrase this - I'll try to speak more plainly and phrase this in political terms, so even the simplest among us can comprehend it.

Among decided voters, 56% support the nomination while 44% do not. That's 35/(35+27), or, 27/(35+27). Fractured - no matter how you try to spin it. An additional 35% are "swing voters", and we don't know how those votes will fall. Does this make a little more sense to you now that it's been interpreted for you?

Incidentally, who is this "Conservative party" you referenced? Much as I'd like to find one, I haven't been able to do so.

796 posted on 10/08/2005 6:47:29 AM PDT by NittanyLion
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To: Lancey Howard

"No sale."

Your post is too long and too weak for me to respond to in great detail, and since your first two points are the weakest I'll hit them both at once.

You call Bush a coward? Running from a fight? The problem with his Republican "allies" in the Senate was not that they wouldn't vote for a more conservative nominee, but that they wouldn't stand up to a Democrat filibuster. You're the one who needs to "do the math" on that.


797 posted on 10/08/2005 6:50:21 AM PDT by zook
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To: msnimje

After some searching, I see that I wrote to you about the "then Chief Justice Burger " quote. I see that your source has the information as you repeated it. But since Rehnquist and Scalia were already on the Court when Bork was nominated in 1987, at least the characterization "then Chief Justice Burger" was wrong.


798 posted on 10/08/2005 6:51:48 AM PDT by ontos-on
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To: zook
On another, and far more important, note...Stop posting and get out to the GameDay set!

What's the forecast for tonight?

799 posted on 10/08/2005 6:52:43 AM PDT by NittanyLion
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To: VictoryGal

"Like Dingy Harry Reid? Oh wait... he supported Miers."

Note that he hasn't voted for her yet. I can think of several reasons why he would make the statement he did. Perhaps he's keeping his powder dry. Perhaps he, too, wants to avoid a Senate battle in order to save face. Perhaps he recommended her (as I believe he did) never dreaming that Bush would call his bluff.


800 posted on 10/08/2005 6:53:33 AM PDT by zook
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