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Antonin Scalia’s Death Could Mark End of Constitution
Brietbart ^ | 02/13/16 | Ben Shapiro

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 ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Philosophy
KEYWORDS: bhoscotus; constitution; could; death; deathofthewest; homosexualagenda; obama; powerofthepurse; rinos; scalia; theend
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To: Kit cat

It’s pretty well-known that Ginsberg thinks Obama is a Jew-hater and has vowed that only death will allow him to name her replacement.

(”It can be arranged,” smirked Valerie Jarrett.)


61 posted on 02/14/2016 7:41:07 AM PST by jjotto ("Ya could look it up!")
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To: Starboard
Does anyone have any idea what the Republican Party really stands for?

It is the party of infinite replication of animatronic lawn jockeys. Failing that it will settle for Mexicans.

62 posted on 02/14/2016 7:42:14 AM PST by Stentor ("Millions for defense, but not one cent for tribute." Robert Goodloe Harper)
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To: doldrumsforgop

I can see that. The only amusing thing about this is the thought of the RINO leaders like McConnell, Cornyn, et al crapping their pants at the thought of being exposed as the business-as-usual RINOs they are.


63 posted on 02/14/2016 7:42:15 AM PST by Sans-Culotte (''Political correctness is communist propaganda writ small''~ Theodore Dalrymple)
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To: Enlightened1

Congress can change the number of justices on the Supreme Court without a Constitutional amendment. They did it several times in the 1800’s. Maybe it’s time they at least doubled the Court to 18. With more members, it wouldn’t be so dependent on one member to tip it this way or that.


64 posted on 02/14/2016 7:42:45 AM PST by r_barton (We the People of the United States...)
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from Scalia thread yesterday:

No, a simple majority vote on confirmation is all that is required. It takes 60 votes to bring about cloture (force an actual final vote on the nomination) in the event of a filibuster (Jeff Sessions, Marco Rubio, Ted Cruz and many others are SURE to filibuster ANY attempt to confirm Obozo's nomination. OTOH, it is the Demonrats who want a vote and they don't have anything like 60 votes to invoke cloture.

Additionally, any Obozo nomination can be tied up in the Senate Judiciary Committee until Obozo leaves office or Armaggedon whichever is first to occur.

Additionally Mitchie McTurtle says that the nomination "should" not be voted on until the people have spoken in the 2016 election. Mitchie can refuse to bring up the nomination even if it clears Judiciary Committee (see behavior of Reid, Harry). Mitchie MUST at the very least keep the Senate "in session" until Obozo is gone. The SCOTUS ruled unanimously in 2014 on "recess" appointments that they are not allowed in the absence of a formal recess.

Also see the final sentence of Article II Section 3 of the constitution as to recess appointments.

1,150 posted on February 13, 2016 at 9:10:02 PM CST by BlackElk

65 posted on 02/14/2016 7:43:04 AM PST by Mr Apple (NO TO ALL TOWEL HEAD ISLAMIC MUSLIM THUGS AND RAPISTS !)
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To: Starboard
The media would fully support him.

Then the media must be high priority on the SHTF target list.

66 posted on 02/14/2016 7:44:48 AM PST by JimRed (Is it 1776 yet? TERM LIMITS, now and forever! Build the Wall, NOW!)
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To: ClearCase_guy
I agree with you 100%.

Scalia wasn't exactly a finger in the dike preventing a deluge of radically leftist laws from cascading down on the American people. By the time he showed up the dike was already gone, and he was one of a few people left to start building another one after the town was already inundated by the flood.

If anything, Scalia's presence on the Supreme Court was a scathing indictment of what the Federal court system has become in this country. I look at the U.S. Supreme Court justices who have served in my lifetime, and I have a hard time figuring out how most of them were ever licensed to practice law -- let alone serve on the highest court in the land.

67 posted on 02/14/2016 7:45:57 AM PST by Alberta's Child (My mama said: "To get things done, you'd better not mess with Major Tom.")
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To: Popman

It’s already a 3 ring circus.

They would serve 15 year terms. I think it’s a great idea. The decisions would be by 2/3 of a majority vote.

Having 9 people hold this much power is insanity.


68 posted on 02/14/2016 7:46:13 AM PST by Baldwin77
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To: jjotto

I did not know this fact this puts my mind at ease for the time being!!! GINSBERG is right about this you know!!!!


69 posted on 02/14/2016 7:47:03 AM PST by Kit cat (OBummer must go)
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To: Enlightened1

Obama is peeing himself and can’t wait to put the third stooge on the court


70 posted on 02/14/2016 7:49:14 AM PST by butlerweave
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To: RIghtwardHo
The Constitution isn't going anywhere.

It does not have to go anywhere if it is ignored and there are no consequences to those who do the ignoring!

71 posted on 02/14/2016 7:49:23 AM PST by JimRed (Is it 1776 yet? TERM LIMITS, now and forever! Build the Wall, NOW!)
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To: Enlightened1

If we get Trump or a Democrat, it’s definitely over.

Cruz will lead the effort to prevent Obama from appointing Scalia’s successor. Trump will ramble incoherently about constitutionalism. It may be enough to swing some Trump supporters to Cruz, but it’s unlikely, because Trump could shoot someone on Fifth Avenue...


72 posted on 02/14/2016 7:50:29 AM PST by St_Thomas_Aquinas (Isaiah 22:22, Matthew 16:19, Revelation 3:7)
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To: Enlightened1

His death won’t mark the end of the Constitution. The ball is in the Senate and those eunuchs will fumble it so the death of the Constitution and America will be their fault.


73 posted on 02/14/2016 7:51:03 AM PST by bgill (CDC site, "We still do not know exactly how people are infected with Ebola")
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To: doldrumsforgop

If Ginsburg retires, it swings the Court to seven (cases can be decided by a 4-3 majority) thereby taking the urgency of replacing off the table. She’ll hang on.

Now I’m going to put on my asbestos here...cause I know the flames are going to come. But (not knowing the wide field of judicial candidates already sitting on benches across the country) the first name that comes to my mind as a STRONG Constitutionalist is Sen Ted Cruz. He’s a young man...four or eight years in the White House can do a lot—but THIRTY years on the SCOTUS would, IMO, do much more for the Country.

Just my two cents. An “r” wins and nominates Cruz (from some sort of back room deal they looks at the big picture—keep the Senate R and take the WH). That’s why the backbiting and middle school antics of ALL last night (exceptions for good behavior for Dr Carson and Gov Kasich) was so infuriating.


74 posted on 02/14/2016 7:51:09 AM PST by PennsylvaniaMom ( Just because you are paranoid, it doesn't mean they aren't out to get you...)
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To: Enlightened1

If the Constitution isn’t more than one man, no matter how great, it wouldn’t have lasted ten years.


75 posted on 02/14/2016 7:51:28 AM PST by bigbob ("Victorious warriors win first and then go to war" Sun Tzu.)
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To: Kit cat

Ugh. Please understand that you are ignorant. Against Hillary, polls show Cruz doing better than Trump. Trump’s negatives are yuge, while Cruz’s are much smaller.

Anyway, compare my comment with this one:

http://www.freerepublic.com/focus/news/3396895/posts?page=6#6


76 posted on 02/14/2016 7:52:26 AM PST by Theo (Trump = French Revolution. Cruz = American Revolution. Choose wisely.)
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To: Baldwin77

-— NO ONE PERSON SHOULD HOLD THIS MUCH POWER OVER 300,000,000 PEOPLE.

NO. ONE !!! -—

I hope you’re supporting the Convention of the States. Levin has been talking about this since his book, Men in Black.


77 posted on 02/14/2016 7:53:34 AM PST by St_Thomas_Aquinas (Isaiah 22:22, Matthew 16:19, Revelation 3:7)
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To: Enlightened1

What I want to know is how the regime managed to kill him. I hope the autopsy is thorough!


78 posted on 02/14/2016 7:54:25 AM PST by JimRed (Is it 1776 yet? TERM LIMITS, now and forever! Build the Wall, NOW!)
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To: Theo

Name calling DOES NOTHING to enhance your cause!!!! Have a nice day regardless!!!


79 posted on 02/14/2016 7:55:09 AM PST by Kit cat (OBummer must go)
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To: Enlightened1
Statement: Antonin Scalia's death could mark the end of Constitution

Response: Replace "could" with "shall"

Comment: Organize and find leaders ready to fight.

80 posted on 02/14/2016 7:56:13 AM PST by AEMILIUS PAULUS
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