Posted on 06/28/2016 9:44:22 AM PDT by Enlightened1
Posner writes:
And on another note about academia and practical law, 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 (across the centuries—well, just a little more than two centuries, and of course less for many of the amendments). Eighteenth-century guys, however smart, could not foresee the culture, technology, etc., of the 21st century. Which means that the original Constitution, the Bill of Rights, and the post–Civil War amendments (including the 14th), do not speak to today. 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.
In short, let’s not let the dead bury the living.
Presumably, when Posner took office, he had to take an oath to defend the Constitution:
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.
(Excerpt) Read more at breitbart.com ...
Bingo. They all think this way. He’s just more honest than most.
Maybe this guy and Hastert run in the same circles and he’s been told to change his way of thinking.
If they won’t impeach this jackass who is clearly violating his oath, then we truly are screwed...
Posner is probably #1 on Hillary’s SCOTUS appointment list.
This story brings to mind C.S. Lewis, (”The Abolition of Man”)
“We make men without chests and expect from them virtue and enterprise. We laugh at honor and are shocked to find traitors in our midst.”
[snip]Towards the preservation of your government, and the permanency of your present happy state, it is requisite, not only that you steadily discountenance irregular oppositions to its acknowledged authority, but also that you resist with care the spirit of innovation upon its principles, however specious the pretexts. One method of assault may be to effect, in the forms of the Constitution, alterations which will impair the energy of the system, and thus to undermine what cannot be directly overthrown. In all the changes to which you may be invited, remember that time and habit are at least as necessary to fix the true character of governments as of other human institutions; that experience is the surest standard by which to test the real tendency of the existing constitution of a country; that facility in changes, upon the credit of mere hypothesis and opinion, exposes to perpetual change, from the endless variety of hypothesis and opinion; and remember, especially, that for the efficient management of your common interests, in a country so extensive as ours, a government of as much vigor as is consistent with the perfect security of liberty is indispensable. Liberty itself will find in such a government, with powers properly distributed and adjusted, its surest guardian. It is, indeed, little else than a name, where the government is too feeble to withstand the enterprises of faction, to confine each member of the society within the limits prescribed by the laws, and to maintain all in the secure and tranquil enjoyment of the rights of person and property.
[snip]
It is important, likewise, that the habits of thinking in a free country should inspire caution in those entrusted with its administration, to confine themselves within their respective constitutional spheres, avoiding in the exercise of the powers of one department to encroach upon another. The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create, whatever the form of government, a real despotism. A just estimate of that love of power, and proneness to abuse it, which predominates in the human heart, is sufficient to satisfy us of the truth of this position. The necessity of reciprocal checks in the exercise of political power, by dividing and distributing it into different depositaries, and constituting each the guardian of the public weal against invasions by the others, has been evinced by experiments ancient and modern; some of them in our country and under our own eyes. To preserve them must be as necessary as to institute them. If, in the opinion of the people, the distribution or modification of the constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates. But let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed. The precedent must always greatly overbalance in permanent evil any partial or transient benefit, which the use can at any time yield.
[snip]
-PJ
I just hope Judge POSner’s ADT home security system doesn’t unexpectedly drop offline some night, and in the morning the cops are calling the coroner’s office to come on out to figure out just what happened to the poor sonuvabitch.
I mean Chicago is a high crime city, that sort of tragic death happens all the time ...
Irrational language makes up the Constitution now—being stripped of “Right Reason” (essential to Just Law) and Natural Law (God’s Design/Laws)— (Logic/Age of Reason, and US Constitution removed.)
The Postmodernist Marxist utopian Worldview (ideology) is now the Norm du jour. (Irrational controlled “bots” (Rule of Oligarchy/Vice) incapable of rational thought (being human).
Words are meaningless——removed from Tradition/Reality, etc. and as Wittgenstein stated, whoever controls the Language/Words will control the beliefs/desires of the masses (totally brainwashed and removed from Reality/Truth, where Vice is Virtue and Slavery is Freedom and Boys are Girls).
The utopia of Marxism or Plato, where the words, Mother and Father will be meaningless and children will be completely controlled by the State/screens (publik skools/operant conditioning and artificial factories of “Life”).
Children will embed all the “correct” emotions/loyalties and will be completely devoid of “common sense” (Reality/Truth/God’s Laws); Incapable of being critical thinkers and having Free Will, as Fichte aimed in 1810-—to destroy the Minds of children as they did in Germany with the Prussian skools of mass indoctrination.
Must be positioning for SCOTUS under Hillary
“Which means that the original Constitution, the Bill of Rights, and the post–Civil War amendments (including the 14th), do not speak to today.”
Fighting words! That traitor strikes at the foundations of our freedom. He should live in North Korea instead.
Hey, if we let Hillary get a couple more like this guy on the supreme court, then people can quit agonizing over the relevancy of a dusty ol’ piece of parchment written by dead white men a couple of hundred years ago and relegate it purely as a museum piece with minor historical significance.
Impeach
When was the last judicial impeachment? There have been some resignations but few actual impeachments. I agree that many activist Judges should be thrown out of their office, but the more important thing is to remove the near absolute power some of these people wield on the general population.
interesting info here...
https://en.wikipedia.org/wiki/Impeachment_investigations_of_United_States_federal_judges
That's true, nor did they try because those things are continuously changing. What they did understand however, is human nature. Human nature is constant and they wrote the constitution to protect against people in positions of authority abusing their power
I took antitrust law from Posner. Not a dynamic teacher, but one of the most interesting minds of our time. Some of his utterances, like this one, are a little bizarre, but he’s a “legal pragmatist” who believes that the real-world consequences of a decision or legal doctrine can be more important than the rationale on which it’s based, whether constitutional or otherwise. His early work in the law and economics movement, which resulted in a pro-consumer and pro-competition version of antitrust law that now rules the field, has had immense impact. But, you need a huge grain of salt when reading some of his ideas.
He needs to be shamed and labeled an enemy of the American people. Then fire his butt and take away any pension he might have coming from taxpayer coffers.
Jews ruled 60% of Russian government before turning it into a communist hellhole. 90% of US Jews vote leftist communist.
It is not Nazism or blood libel to recognize Jews have lead no successful nation. In fairness, other ethnic groups also have a history of failure.
So get past the name calling, which is part of the denial problem. I’d ask why Jews as a group have little historical successes?
Israel is terrific, but will it endure. Hope it does.
There’s a LOT I can say about this degenerate judge, but to make it simple: impeach this man. Be done with it.
sonderkommandos?
http://www.hagalil.com/shoah/holocaust/greif-0.htm
Desperate people can be coerced into desperate acts. None of us is in position to judge persecuted victims for the things they do to stay alive. I wonder how you would have behaved in the same situation.
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