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 ...
> The Constitution can and has been amended many times. It speaks to today just fine and will continue to do so.
Yes, by being relatively short and speaking mostly in general terms, it allowed for most specifics to be defined by legislation, and modified to adapt to changes in conditions (within the intent of the original Constitutional provisions). For major changes it provided for amendments to the Constitution itself.
What the Founders didn’t foresee, though, was that unethical judges would brazenly lie about the meaning of the Constitution, or have the temerity — as this jerk has — to explicitly reject what he swore to uphold. We no longer live in a constitutional republic (because traitors have betrayed it. They now make up the establishment itself at nearly all levels of government, and are the dominant force in public and private institutions.)
The Constitution kind of contained its own suicide clause, or at least death by neglect clause, by putting the Supremes as the linchpin.
There are various procedural suggestions to make a death by Court a little harder, like a Bork amendment. But look at most of the nonsense that has gone on recently, like redefining marriage into a fanciful construct. Would we have gotten support from a Bork amendment in keeping things more traditional? Supermajority of both houses of Congress, when they are already half composed of rabid illiberal “liberals”?
A populist move like Trump may be the last hail Mary, so to speak. And he’s going to need to muster enough power to shove the court rightward and maybe cheer on the passage of a couple of amendments.
-PJ
“Judge” should be removed from before his name as to be one he took an oath to that constitution he decries.
The “Judge” obviously has never heard “to see the future one must only look to the past”.
The “Judge” is projecting as he cannot correlate to the past, therefore he cannot comprehend they that understood the past, the present of their times as they created the most magnificent document in history.
This “Judge” is not qualified to be one if he doesn’t understand history.
So many think that our guns of today are so much more lethal.
Would you rather face a 9 mm or a .69 calibre tower pistol?
An ar-15 at .223 calibre or a .63 calibre musket?
This judge needs to be spanked by somebody in a leather face mask. His stupidity is galactic.
He thinks there is a structure in place firm enough that his position could stand alone.
And sadly, there probably is. People will accept almost anything other than anarchy.
judge needs to relinquish his seat
I”m sure he’d be more comfortable living in, say, Russia
Well, maybe the Constitution HAS been virtually ceremonial for years.
He might be the little boy who is telling us that yes, our Constitution emperor is naked, bleeding, and to all intents and purposes, croaked.
Big into law and economics, which is where I first read about him.
https://en.m.wikipedia.org/wiki/Richard_Posner
Recipe for disaster.
The Judge thinks just because he knows how to download free porn on his iPhone he’s more technologically advanced than Renee Descartes or Isaac Newton.
Posner is one of the libertarian Law and Economics crowd from the University of Chicago.
Looks like he has liberated himself from the Constitution.
To impeach, there must be due process.
Due process is not required to strike someone from a jury.
Due process, freedom of speech, press and association, limitations on search and seizure, rights reserved to the states, right to self protection by owning a gun, and so on. Is there anything on this list that you do not depend on daily. Protection from the government through balance of power?
We have entered into an autocracy.
This is a warning about how weak the American consensus is.
Maybe God let Antonin Scalia die to spare him the pain.
Every generation, should be allowed to vote on the Constitution. It should have a 30-40% threshold. That is, it needs a high bar to be overturned. Therefore, the Constitution will be valid and need be studied. If 60-70% deem it invalid, an immediate Constitutional Convention be called.
So all that stuff about liberty, rights, and the rule of law is obsolete now? If so, what do we replace it with, the lyrics of “Imagine” by John Lennon?
Kind of like Brexit. If enough people don’t like it, ciao.
Might ‘swell
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