Posted on 04/06/2011 4:59:03 AM PDT by John.Galt2012
U.S. Supreme Court Justice Stephen Breyer argued Tuesday that judges need to apply the Constitution's values with an eye toward the changing times
The 72-year-old Breyer, considered one of the court's more liberal justices, believes that the court should apply the Constitution's values with a pragmatic view toward present circumstances, rather than focusing only on the document's historical meaning.
(Excerpt) Read more at hosted.ap.org ...
ditto
Legal relativism. The Constitution should mean whatever we want it to mean at any given time. Nothing more and nothing less. That is the left’s take on morality too.
So a Supreme Court Justice openly states that He does Not Have to Follow The Constitution if he doesn’t like it and NOT ONE SINGLE CONGRESSMAN CALLS FOR HIS IMPEACHMENT??? WTF is wrong with these people?
The opinions of the supreme court, whatever they may be, will have the force of law; because there is no power provided in the constitution that can correct their errors, or control their adjudications. From this court there is no appeal. And I conceive the legislature themselves, cannot set aside a judgment of this court, because they are authorised by the constitution to decide in the last resort.
The legislature must be controlled by the constitution, and not the constitution by them. They have therefore no more right to set aside any judgment pronounced upon the construction of the constitution, than they have to take from the president, the chief command of the army and navy, and commit it to some other person.
The reason is plain; the judicial and executive derive their authority from the same source, that the legislature do theirs; and therefore in all cases, where the constitution does not make the one responsible to, or controllable by the other, they are altogether independent of each other.
The judicial power will operate to effect, in the most certain, but yet silent and imperceptible manner, what is evidently the tendency of the constitution: I mean, an entire subversion of the legislative, executive and judicial powers of the individual states. Every adjudication of the supreme court, on any question that may arise upon the nature and extent of the general government, will affect the limits of the state jurisdiction. In proportion as the former enlarge the exercise of their powers, will that of the latter be restricted.
Brutus, The New-York Journal, January 31, 1788
Do any of them say this during their confirmation hearings? I'd like to know, for example, what his "pragmatic view" of the First Amendment might be and how he thinks it might differ from Mr. Jefferson's or Mr. Madison's views.
ML/NJ
Excellent and true.
In discussing this with AP US Government teachers I am struck by the fact that:
1. They view the US Constitution not as a contract between the people and their government, but as a “framework for governing”.
2. Don’t know, understand or even teach the philosophy behind the Constitution. It is barely a topic in AP.
This is dangerous as the AP students become our elites. If the US Constitution is simply just another framework for governance and not a contract then tear it up and start over. If, though, it is a contract it contains the means to amend and reform it within the contract. In contract law this is considered very good. A contract that contains its own remedy needn’t be adjudicated at all or very little.
Things either are or are not allowed by the contract. The terms needn’t be equal, fair or modern. Yet, our Constitution continues to function under the one unchanging item in history - humans and their needs.
The 2nd item is equally insidious. If you don’t know the great ideas that formed the Constitution and that in forming it other ideas were rejected for cause - socialism/monarchy/oligarchy/tyranny - then how can you form a coherent idea about the Constitution?
This is simply getting worse as our elites become teachers training other future elites both equally steeped in ignorance.
Hey, Breyer, you old bastard! How about come to my house for a round of poker? We can have “living rules” and since it is my house, I’ll “interpret” them. Bring lots of cash, you old hack.
Any chance that an previously unpublished section of the constitution might be found somewhere, the one that says what Patriots are to do when their country is overrun with commies, illegal immigrants and their fellow travelers??
Breyer doesn’t know what he’s talking about.
His views are judicial activism and anybody who thinks that way is open to reducing the freedom and liberty as documented in our Constitution as laid down by our founding fathers.
Modern liberals are communists who only wish to take away our freedom and liberty. They want to make all the decisions for us. These liberal communists are elitist scum and hypocritical because they do not wish to abide by the same rules that they want to impose on the rest of us.
Putting old, burned out hippies and extreme communist activists on the U.S. Supreme Court wasn’t a very bright idea. I don’t care what your politics are, you’ve got to admit, those two bimbos Barry put on the Supreme Court are a couple of real losers.
I guess it depends on what your definition of the word, “is” is.
I get your argument and wholeheartedly agree about judicial activism being bad for freedom. However, I am not following the fine distinction you are drawing between a “framework for governing” and a contract as regards the Constitution. Please enlighten me.
Ever heard of the Dred Scott decision? Yes, the legislature can correct the idiocy of the courts. But you have to wonder these days which is dumber?
However, all that being said, the big bogey man these days is the executive branch. Administrative “law” instituted through publishing regulations constantly is affecting people’s life liberty and property without a vote and without a look see by any court or judge. If you are lucky some “hearing officer” with minuscule choices for applying the regs has taken a look.
“NOT ONE SINGLE CONGRESSMAN CALLS FOR HIS IMPEACHMENT???”
Let’s examine the number of Congress Critters that act in coordinated efforts to pass Unconstitutional laws, subvert national security, and wine and dine our enemies.
This is Treasonous behavior, but that’s what is considered “just normal politics” from DC criminals.
Nobody is going to “drain the swamp” in D.C. from the inside, it’s infested with sharks swimming in sewer water. It will take actual revolution and civil war.
Since Obama is not eligible to serve in the Office of the President, all of his acts and appointments are unconstitutional, null, and void as if they had never happened. All that is required now is a Congress with a House of Representatives and Senate ready, willing, and able to act upon it.
If the Congress is unwilling to act, it is up to the citiizens to impeach and remove the legislators and judiciary at the lower levels of local, state, and Federal government responsible for not impeaching, recalling, or otherwise removing the Congressmen and Senators who fail to act.
If the citizens do not act, they collectively deserve the government they get as a consequence of their failure to take responsibility for their own lawful and Constitutional self-government.
Members of the Supreme Court of the United States are subject to impeachment, including for a failure to comply with their oath of office obligating them to protect and defend the Constitution of the United States of America as it is presently amended by the Congress and ratifying States.
God gave Moses the Ten Suggestions.
George Orwell's "1984" black is white, bad is good etc... has come to pass.
Here’s hoping Mr. Breyer likes his job enough to stick around a few more years. The POS.
He is like the Kennedy's on being Catholic purely cafeteria pick what like in teaching and discard what you don't..
Rose Kennedy had left the Kennedy compound to the catholic Church but no Teddy rewrote her wishes to leave it to Progressive studies.
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