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The Supreme Court Is Headed Back to the 19th Century(Anti Kavannagh piece)
theatlantic.com ^ | 9/4/2018 | Adam Serwer

Posted on 09/09/2018 6:33:53 AM PDT by rktman

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To: rktman

The author would rather have us return to the idealized early 20th Century, the time of Progressive Eugenics, and in reality, the beginning of the demagogic authoritarianism of the socialist wing of the Democrat Party. They wish to forget the actual Democrat policies of Jim Crow and their lynchings during the late 19th and early 20th Centuries. Their projection and hypocrisy knows no shame nor boundaries in time.
To hell with these foul liars.


21 posted on 09/09/2018 6:56:16 AM PDT by Richard Axtell (So, this is the Third World! What happened to the first two?)
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To: Jacquerie
The rats only think they are angry now; wait until the Buzzard croaks.

Here's hoping her replacement has already been identified.


22 posted on 09/09/2018 6:58:32 AM PDT by Drew68
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To: Candor7

Bring out the hangin judge, quick and speedy justice! no more 30 years on death row


23 posted on 09/09/2018 7:00:45 AM PDT by ronnie raygun
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To: rktman

I’m enjoying all this squealing by the liberals.


24 posted on 09/09/2018 7:03:09 AM PDT by Moonman62 (Give a man a fish and he'll be a Democrat. Teach a man to fish and he'll be a responsible citizen.)
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To: rktman

Here’s a piece on the author:

http://jewcy.com/author/adam_serwer

Just another Capo stirring $hit!


25 posted on 09/09/2018 7:03:49 AM PDT by vette6387
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To: Drew68

“Here’s hoping her replacement has already been identified.”

Well, it’s a “Jewish Seat,” (now one of three of the nine) so just take a look at Trump’s list.


26 posted on 09/09/2018 7:07:43 AM PDT by vette6387
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To: Vermont Lt

Let the left hook up a couple of hundred solar generators in parallel, make it DC to boot. That should tickle their canastas ! For Vermont it would be a pure Bern, LOL.

( forgive the Bern humor, I lived in Barnet , Vermont for 30 years.I remember when the Bern was protesting garbage trucks in Stannard Vermont,back in 1983, on the issue of recycling.They ended up closing every land fill in Vermont and shipping the garbage to New Hampshire’s incinerator. Even back then I could feel the burn!).

Few know that Vermont’s greatest export by volume and weight is garbage, just as Vermont’s leftist body politic is garbage.


27 posted on 09/09/2018 7:08:21 AM PDT by Candor7 ((Obama Fascism)http://www.americanthinker.com/articles/2009/05/barack_obama_the_quintessentia_1.html)
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To: rktman

The author neglects to mention that the white supremacists mentioned were all Democrats.


28 posted on 09/09/2018 7:09:23 AM PDT by Brooklyn Attitude (The first step in ending the war on white people is to recognize it exists.)
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To: rktman
Going to be so much fun when RBG, Wise Latina, and perhaps one or two more, are replaced while Trump is in office.

Roberts also will most likely have to be replaced, he has been compromised and has to go.

29 posted on 09/09/2018 7:10:01 AM PDT by TruthWillWin ([MSM])
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To: rightwingcrazy

To a point, as quite a few are unpopular, that is spot on.

Progressives have loved them some Arbitrary government and have instituted a virulent form of traditionalism that in the past I’ve compared to what the Rabbis did with Scripture.

Ignoring the debates over the propriety of the latter, when it come to the former this means they have functionally surrounded the Constitution with margin notes and forbade any to look at the Constitution but only to look at the cumulative opinions / traditions of the Court.

Progressives did this because at the heart of progressivism, from its earliest days, lay a contempt for the sort of Law the Constitution is ... they wanted it to authorize so much more involvement and eventually decided to just do what they pleased and forego any effort to ever amend that their mad schemes should be lawful. They use the Court in a form of ball and cup game, hiding the Law under the cups.

When Marshall in Marbury justified an obligation to review statues to see if they are pursuant to the Law he did so because the Justices are made to take an oath of fidelity to the Constitution saying that to make them take such an oath but then close their eyes to the Law and only see the statute was “worse than a solemn mockery”.

Well, if that is the case then what is it to require anyone to take such an oath, or indeed anyone at all, and likewise turn a blind eye to the Constitution and only see the opinions of the Court?

How worse than a solemn mockery on the one hand but not on the other?

There is no delegated Power of review actually granted to the judiciary, we do not have federal common law in the sense that there is judge made law. Judge made law depended on the judges being representatives of the Sovereign, the King, who had sole authority in himself to make and dispose of laws and to grant that authority to officials under his Sovereignty.

When Marshall talks about Sovereignty and the Law he spoke of the original right to make Law, which is the power found in Ratification of the Law, either the Ratification of the Constitution or the Ratification of subsequent successful Amendments.

The writing of the proposed law is not the exercise of this original right. The writers of the proposed law do have a logical and rational obligation to give advice to those with the power of consent but to deliver their work over to receive consent they must first put down their pens, cease to write and release the proposed language.

When Ratification occurs the Law that is established is not just the words on the paper, what Marshall said would then be mere form without substance, but what those who Ratified can be said to have agreed to, these are the permanent principals thereby established.

And it is relatively easy to consider what was agreed to compared to considering all the debates in writing, the contents of which may include many things not agreed to.

And it is especially the case that no writer of such a Law, once Ratified, is somehow a Sovereign over the Law to contradict what he and others had expressly told those with the original right before Ratification ... as Hamilton did with his spurious notion that there is further power to spend besides on the objects of the enumerated Powers on account of the clause used to justify what was then a completely novel to United States government Power to tax (there is no general welfare clause).


30 posted on 09/09/2018 7:13:16 AM PDT by Rurudyne (Standup Philosopher)
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To: rktman

No Deodorant ?


31 posted on 09/09/2018 7:26:48 AM PDT by butlerweave
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To: rktman

The entire Atlantic staff needs to be put in a quiet room with soft walls and no sharp objects.

I just got the one about the buzzard croaking.


32 posted on 09/09/2018 7:28:01 AM PDT by I want the USA back (Cynicism is the only refuge in a world that is determined to eliminate itself.)
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To: Candor7

My parents live up the road in Derby.

Never lived in VT myself, outside of four years in Northfield. Beautiful place, but that part of the state is more like Appalachia and the Gimmie-dat is strong in many people.


33 posted on 09/09/2018 7:35:35 AM PDT by Vermont Lt
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To: vette6387
Looks like one too many "r's" were used in the last name. 👹
34 posted on 09/09/2018 7:36:02 AM PDT by rktman (Enlisted in the Navy in '67 to protect folks rights to strip my rights. WTH?)
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To: TruthWillWin

“Roberts also will most likely have to be replaced, he has been compromised and has to go. “

Never happen, I have no doubt Roberts is compromised. He was/is being blackmailed. When the test vote was taken for Obongo care it went down. One of the Rat hacks let it be known (against policy). Obongo when to work and Roberts completely reversed himself. They probably pressed him when they screwed AZ on border protection too. That said unless Roberts has a come to Jesus moment he goes nowhere.


35 posted on 09/09/2018 7:36:49 AM PDT by gibsonguy
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To: Brooklyn Attitude

Shhhhhhh! We’re not supposed to know that.


36 posted on 09/09/2018 7:37:08 AM PDT by rktman (Enlisted in the Navy in '67 to protect folks rights to strip my rights. WTH?)
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To: I want the USA back
👹👍🏼. It's early and some more coffee may be in order. 💀🦃
37 posted on 09/09/2018 7:39:34 AM PDT by rktman (Enlisted in the Navy in '67 to protect folks rights to strip my rights. WTH?)
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To: rktman
"Looks like one too many "r's" were used in the last name. 👹" Yes, and you should always be mindful of anyone who's last name ends in "er!"
38 posted on 09/09/2018 7:54:01 AM PDT by vette6387
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To: vette6387

Or, “uh”.


39 posted on 09/09/2018 7:59:06 AM PDT by rktman (Enlisted in the Navy in '67 to protect folks rights to strip my rights. WTH?)
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To: rktman

I see that Adam Serwer is in the sewer. Fever pitch to the Dem base, RESIST!


40 posted on 09/09/2018 8:00:20 AM PDT by SES1066 (Happiness is a depressed Washington, DC housing market!)
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