Posted on 02/14/2016 7:00:08 AM PST by Enlightened1
The death of Supreme Court Justice Antonin Scalia doesn't merely mark a tragedy for Constitutional philosophy - it may mark the death of American Constitutionalism as a whole.
Scalia's philosophy of jurisprudence is well-known and shaped two generations of conservative thinkers: the Constitution ought to be interpreted according to its original meaning. This shouldn't have been a groundbreaking notion given that most legislation is interpreted according to those rules, but because leftist jurists have spent a century chiseling away at the meaning of the Constitution based on their personal political beliefs, Scalia's reinvigoration of traditional interpretive methodologies made him a historic figure. Scalia's brilliant, passionate writing style made him author of some of the most famous dissents in Supreme Court history, and channeled the modern conservative frustration with the continuing abandonment of the Constitution.
Scalia's jurisprudence also reminded conservatives that there is no substitute for proven Constitutional originalism. Most conservatives ignored that when they greenlit the appointment of cipher John Roberts for Chief Justice of the Supreme Court, a point I made when he was appointed. But Scalia provided a consistent reminder that Constitutional philosophy matters. It isn't just a game of doing whatever you want politically. Constitutional jurisprudence is about recognizing the limits of the federal government - and recognizing the limits of the politicization of the Court itself.
In the end, Scalia's death could mark the end of the Constitution itself. That's because the current Supreme Court rested, until Scalia's death, on the vague, confused, indeterminate philosophy of Justice Anthony Kennedy, who apparently decides cases on the basis of whether he has a solid bowel movement that morning. That means that half the time, the Constitution has a shot, as in Citizens United; the other half of the time...
(Excerpt) Read more at breitbart.com ...
5.56mm
If there are any candidate(s) for POTUS that may have clerked for a conservative SCOTUS in the past, their unique ability to discern a Scalia replacement would be supreme - they (or he) would be my choice. Only chance.
That's Congress's job...O' Wait...
SCOTUS should not be a beauty contest judged by 50 state governors...
The Senate is to 'advice and consent ' on the POTUS SCOTUS nominee, if the nominee isn't one of the best and brightest they should vote not to confirm...
We don't need 50 political (governors) opinions on top of 100 Senators political decisions....
What a three ring circus that would become...
Before the 17th Amendment, that's more or less how it worked.
Quote:
“Does anyone have any idea what the Republican Party really stands for?”
The audience at last night’s “debate” should give you some idea.
Yes we are.
Now we are at a crossroads like never before. We will drop into communists left control that the Country will never fully recover. The Supreme Court has been making laws for years and now that the possibility that the Court will get another communists, we may never correct.
Cruz for President. Only chance.
From what I have seen so far this morning, the United States of America died yesterday too. The funeral will be held in November.
It was pretty bad wasn’t it? The screeching cable news format last night on the heels of the announcement of Scalia passing was quite depressing.
The GOP needs to really stand firm on this. We've let the left bully us into picking losers like Souter and Roberts because they block hardline conservatives while we let Kagan and Sotomayor sail through.
"I guess the up side is that recess appointments are for only 1 yr."
1,093 posted on February 13, 2016 at 7:40:50 PM CST by Baldwin77
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Also, in an election year, a lame duck President has "never be allowed to tip the balance of the Supreme Court."
Oh get a grip Breitbart.
No wonder we can’t move forward with Conservatism in America. All we get is “OH NO HERE COMES THE COMET”.
The Constitution isn’t going anywhere. What IS dying is Conservatism because we talk nothing about policy or the benefits of a Conservative government. All that happens is the childish screaming that we saw at that horrifying, embarrassing, debate last night.
I’ve been involved in politics (works on Nixon campaign among others) since I was a teenager. And we have had a real opportunity to espose how Conservatism could take our great Nation to even greater heights. But no. We are lost in conspiracy theories and Chicken Little rants.
I think Obama will find some sort of “emergency” and will cancel the election and offer himself up for a third term.
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Agree. I think this is a very plausible scenario. All he needs is an excuse to cover his power grab. For example, his “temporary” continuity in office is necessary to ensure national stability and continuity in this this time of “crisis”. The media would fully support him.
“If the Republicans ‘ROLLOVER’ AGAIN, it will also mark the DEATH of the Republican party.”
here’s my intuition:
Obama and the libs know they will not get Scalia’s replacement this year as the one that can get by the Senate will never be liberal enough for them. So...they are looking at the future, with almost a certain GOP president and maybe GOP Senate with liberal Gingsburg being replaced.
Gingsburg in a very short while announces her retirement. This means two current open positions, making it far more likely to bring pressure to get someone this year. A deal is struck with Obama that allows him one to pick)a liberal Gingsburg replacement) the Senate will confirm for one pick delayed until next year.
The GOP will fold as a very lib pick will be on Court and we will NEVER get another solid conservative like Scalia.
I thought forced obama healthcare “tax” and forced gay marriage ...not to mention stuff like partial birth abortion..signaled the end.
She's 82. She could be next. Of all the justices, she's the one I thought most likely would die in her sleep. Interestingly, if she were to depart during a republican presidency, her replacement could offset an Obama nomination/confirmation this year. She needs to hang in there past January 2017.
my take is on post 35. a deal will be struck and we lose.
Quote:
“.....The Constitution isn’t going anywhere.....
Hey Mr. Rip Van Winkle, it’s time to wake up.
“NO ONE PERSON SHOULD HOLD THIS MUCH POWER OVER 300,000,000 PEOPLE. NO ONE!!!”
Mao Tse-tung held absolute power over a billion Chinese. The world will never know how many hundreds of millions of human beings were exterminated by his despotic rule.
Now look at what the death of one man can do to all the rest of us. Frightening.
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