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 ...
Serving thirty days -- let alone thirty years -- on a court with fellow justices like those dingbats Sotomayor and Kagan would be like spending time in a Turkish prison.
I fear that there is some slight truth in what you say.
The Second Amendment will be very much “in play”.
The Second Amendment of the United States Constitution reads: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
The left has long interpreted this clear language as actually restricting the keeping and bearing of arms to a government established and controlled militia and not to individuals. This would fly in the face of 200+ years of interpretation and practice but that wouldn’t bother Obama and other authoritarian politicians. However this interpretation may be one vote away from validation by the Court.
Roe v Wade was a signal. The death of Scalia is the end. The left has succeeded in convincing everyone that The Court makes law. So, yes, bloodshed ahead.
-—They would serve 15 year terms. I think it’s a great idea. ——
Yes, I agree...except SCOTUS already deemed term limits unconstitutional and we would need to amend the constitution...
We can still wage an Information War.
A physical war would be the worse thing ever.
KNOW THIS.... Those who do not wage an Information War, stand on the side lines, will not be there if it get physical.
We should all pray it never comes down to this. Our Founding Fathers gave us the proper tools in to wage this war peacefully through free speech.
The back up is the Second Amendment. The pen is mightier than the sword.
I have heard one side or the other day this for the last thirty years. They said it about Reagan. They said it about Clinton. They said it about Bush.
And they probably said it about ones before them.
It isn’t going to happen. It isn’t going to even come close to happening. Other than in the minds of conspiracy theorists.
BTTT!
where do you get the sense that Roberts is voting against the libs?
Have you not seen his support for liberal antics?
Good Grief, he and Kennedy are dependable swing voters who cannot be relied upon.
The fix is in, and Gingsburg is the key.
Iman obama already got two picks on scotus. One of them is the lesbian queer Elena Kagan. No more queers obama, go sit down!
USSC? Constitution?
POSOTUS already OBLITERATED the “charter of negative liberties”. He swept it away with 4 words.
https://www.youtube.com/watch?v=0FHEeG_uq5Y
I am afraid you are very correct.
Trump needs to be all over this. He needs to publically call out McConnell, Cornyn, and the rest of the GOPe POS, who are probably already planning on caving on this. If Trump talks about it, the media will be all over it.
I will be sorely disappointed if Trump doesn’t actively engage in this!
Ginsburg already knows how she’s going to vote before she reads the briefs that her clerks write for her. It’s just about justifying that vote. Not hard work. Why shouldn’t she catch up on her beauty rest during oral arguments?
My comment stands
If it’s Trump vs. Sanders then there will be a major 3rd, and possible 4th candidate. It won’t be Sanders. We can have a crypto-communist like Obama, but a real-life communist is still a reach.
Trump would still win, but one party or the other will ‘capture’ him like the Minnesota Democrats did to Jesse Ventura. And I expect that in his attempt to “make deals” that the Democrats will be very accommodating to the nominally republican president. They’ll shift their emphasis back to the courts, Media & bureaucracy to push their agenda.
The difference between Obama and the other presidents is that those predecessors had at least some respect for the Constitution and our democracy, whereas Obama has consistently demonstrated that he has no respect for it or the Congress.
Remember, this is someone who has slithered his way through life with innumerable special accommodations along the way. Nothing he does would surprise me.
Also recall that he has successfully purged many key senior military officers and effectively neutralized the GOP in congress (by whatever means). We’ve seen time and again that he usually gets what he wants.
Look back seven years ago and ask yourself would you have honestly believed that Obama would have gotten away with as much as he has? Anyone at the time suggesting this wasn’t going to happen in our democracy would have been labeled as a conspiracy theorist.
Years ago I used say when the 2nd civil war erupted, I would be going after the media, I said it tongue in check. I think we are entering very dangerous times.
The media is thoroughly indoctrinated by the humanist left wing and thoroughly inculcates this view point in all they touch.
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