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Federal Judge: U.S. Constitution Is Outdated, Judges Should Stop Studying It
Mediaite ^ | June 27th, 2016 | Alex Griswold

Posted on 06/27/2016 4:26:07 PM PDT by Cheerio

According to 7th Circuit Judge Richard Posner in a post published to Slate, U.S. judges should stop studying the Constitution.

“I see absolutely no value to a judge of spending decades, years, months, weeks, day, hours, minutes, or seconds studying the Constitution, the history of its enactment, its amendments, and its implementation,” Posner argued.

“Eighteenth-century guys, however smart, could not foresee the culture, technology, etc., of the 21st century,” he continued. “Which means that the original Constitution, the Bill of Rights, and the post–Civil War amendments (including the 14th), do not speak to today.”

(Excerpt) Read more at mediaite.com ...


TOPICS: Constitution/Conservatism; Government
KEYWORDS: constitution; judicial; richardposner; traitor
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To: Secret Agent Man
Then i guess we dont have to follow any laws we dont want to.

I think Obie has taught us this policy. Now it is backed by the Judicial system. When do we all stop paying the IRS?
41 posted on 06/27/2016 4:41:34 PM PDT by Cheerio (Barry Hussein Soetoro-0bama=The Complete Destruction of American Capitalism)
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To: BlessedBeGod

And they’re even more wrong about that.

Face it: so-called progressives are just wrong.


42 posted on 06/27/2016 4:41:49 PM PDT by Rurudyne (Standup Philosopher)
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To: Cheerio

Time to hit the reset button


43 posted on 06/27/2016 4:42:10 PM PDT by MrBambaLaMamba ( Evil preaches tolerance until it is dominant, then it tries to silence good.)
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To: exit82
Yes, I'm sure it is lost on this knob that he is exercising the first amendment in making these statements. but that free speech thing is soooo 1700's.
44 posted on 06/27/2016 4:42:33 PM PDT by Major Matt Mason (Those that can, do, those that can't, work in the Beltway.)
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To: Cheerio

Stupid jackass snowflake should find himself removed.


45 posted on 06/27/2016 4:42:35 PM PDT by eyedigress ((Old storm chaser from the west))
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To: Cheerio

He has been on the bench for 35 years. If they haven’t impeached him by now, they never will.


46 posted on 06/27/2016 4:43:03 PM PDT by Blood of Tyrants (Socialism is always just one or a thousand or a million more murders away from utopia.)
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To: Cheerio

A domestic enemy.
He should be tarred, feathered and run out of his town.
We used to do that, you know.
And cretins like him got the message.


47 posted on 06/27/2016 4:43:12 PM PDT by polymuser (Enough is enough!)
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To: Cheerio

Cant unless you file,your own business taxes. What you can do is up the dependents so high they take out hardly anything.


48 posted on 06/27/2016 4:43:37 PM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: exit82; Cheerio
28 U.S. Code § 453 - Oaths of justices and judges

Each justice or judge of the United States shall take the following oath or affirmation before performing the duties of his office: “I, ___ ___, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as ___ under the Constitution and laws of the United States. So help me God.”

49 posted on 06/27/2016 4:44:36 PM PDT by wideminded
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To: riverrunner

Bingo !!! Agree.....


50 posted on 06/27/2016 4:47:44 PM PDT by Squantos ( Be polite, be professional, but have a plan to kill everyone you meet ...)
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To: HiTech RedNeck
-- However without some idea of a fundamental principle, we end up with consummate Calvinball. --

That what we have. Posner's point, and I submit it is well taken, is that the historical meaning or interpretation of the cosntitution is irrelevant, becuase SCOTUS rewrites it.

David Strauss is right: The Supreme Court treats the Constitution like it is authorizing the court to create a common law of constitutional law, based on current concerns, not what those 18th-century guys were worrying about.

Are law professors too respectful of the Supreme Court? - Richard A. Posner

Now, he is going to try to walk this back by saying he is referring to professors, and that the rest of us should respect SCOTUS decisions as having foundation in "the constitution."

But fact of the matter is, the constitution was murdered by the courts decades ago.

51 posted on 06/27/2016 4:47:46 PM PDT by Cboldt
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To: Cheerio

“...IS the GOP going to IMPEACH this follow?...”

Are you kidding? They were to afraid to impeach and try Obama...to protect their cushy rackets. Why should they bother with this communist clown??


52 posted on 06/27/2016 4:47:52 PM PDT by EagleUSA
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To: Cheerio

https://www.law.cornell.edu/uscode/text/28/453

Each justice or judge of the United States shall take the following oath or affirmation before performing the duties of his office: “I, ___ ___, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as ___ under the Constitution and laws of the United States. So help me God.”


53 posted on 06/27/2016 4:48:21 PM PDT by tumblindice (America's founding fathers: all armed conservatives.)
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To: Secret Agent Man

his view is common among law professors and judges.

the WANT to make law because they believe THEY are the smartest in the room and HATE being tied to the law.

imagine this idiot and the second amendment.


54 posted on 06/27/2016 4:48:58 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Cheerio

We are in deep, deep shite. These people have been placed everywhere in our government. Now apparently they feel it’s safe to come out of the shadows.


55 posted on 06/27/2016 4:49:09 PM PDT by uncitizen (Gloves OFF! Go Trump!)
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To: longtermmemmory

There would be no 2nd amendment.


56 posted on 06/27/2016 4:49:42 PM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: wideminded
That could be truncated, ""I, ___ ___, do solemnly swear (or affirm) that I will administer justice without respect."
57 posted on 06/27/2016 4:50:09 PM PDT by Cboldt
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To: Cheerio

He should have a quick interview with a congressional committee and if that is his opinion, he should be shown the door.


58 posted on 06/27/2016 4:50:20 PM PDT by TheDon (BO must be replaced immediately for the good of the nation and the world!)
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To: Cheerio
Judges, politicians and government workers who deal with constitutional issues should be required to take a yearly test on the Constitution and have occasional pop quizzes as well. Fail and be suspended until you pass.

Well, that's how I think it should be!
59 posted on 06/27/2016 4:50:28 PM PDT by \/\/ayne (I regret that I have but one subscription cancellation notice to give to my local newspaper.)
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To: Cheerio

These liberal judges are surly asking for it - what does he think will happen if Hillary is president and suspends the Constitution in order to write a new one?


60 posted on 06/27/2016 4:50:42 PM PDT by SkyDancer ("They Say That Nobody's Perfect But Yet Here I Am")
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