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Judge Richard Posner: ‘No value’ in studying the U.S. Constitution
Washington Times ^ | June 27 2016 | Jessica Chasmar

Posted on 10/19/2017 10:23:56 AM PDT by Maceman

Seventh Circuit Judge Richard Posner sees “absolutely no value” in studying the U.S. Constitution because “eighteenth-century guys” couldn’t have possibly foreseen the culture and technology of today.

In a recent op-ed for Slate, Judge Posner, a senior lecturer at the University of Chicago Law School, argued that the original Constitution, the Bill of Rights, and the post–Civil War amendments “do not speak to today.”

“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),” he wrote. “Eighteenth-century guys, however smart, could not foresee the culture, technology, etc., of the 21st century.”

He added, “let’s not let the dead bury the living.” Judge Posner, an outspoken opponent of late Justice Antonin Scalia, also blasted “absurd” posthumous encomia for the late conservative.

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


TOPICS: Constitution/Conservatism; Government
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This article has been posted a few times on FR since it first appeared in June 2016.

But if you ask me, what this Reagan-appointed judge says about the Constitution is so outrageously appalling that it should be posted here every day.

Anyway, for those of you who missed it when it was last published in September of this year, here it is again.

1 posted on 10/19/2017 10:23:56 AM PDT by Maceman
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To: Maceman

Thanks. I haven’t seen it before. It is appalling.


2 posted on 10/19/2017 10:25:42 AM PDT by ClearCase_guy (Benedict McCain is the worst traitor ever to wear the uniform of the US military.)
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To: Maceman

Judge Posner has gotten progressively weirder over the last 25 years.


3 posted on 10/19/2017 10:27:20 AM PDT by cdcdawg
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To: Maceman

This is dangerous, the constitution is what keeps chaos and mayhem at bay.

Without it things would deteriorate very quickly.


4 posted on 10/19/2017 10:27:55 AM PDT by phormer phrog phlyer
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To: Maceman

Principles of liberty are timeless and beyond technology.


5 posted on 10/19/2017 10:28:54 AM PDT by freedumb2003 (Every Californian who supported "sanctuary state" has blood and ashes on his/her hands)
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To: Maceman
“But if you ask me, what this Reagan-appointed judge says about the Constitution is so outrageously appalling that it should be posted here every day.”

The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour . . . - Article III, Section 1.

6 posted on 10/19/2017 10:28:57 AM PDT by jeffersondem
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To: Maceman; All
"Seventh Circuit Judge Richard Posner sees “absolutely no value” in studying the U.S. Constitution because “eighteenth-century guys” couldn’t have possibly foreseen the culture and technology of today."

With all due respect to Judge Posner, he ignores that the Founding States made the Constitution amendable so that the states can update it when they deem it necessary.

7 posted on 10/19/2017 10:29:22 AM PDT by Amendment10
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To: Maceman

> “eighteenth-century guys” couldn’t have possibly foreseen the culture and technology of today <

Judge Posner is right about that! The Founding Fathers stupidly did not include an amendment process in the Constitution. So there is no way to update it. Oh, wait...there is an amendment process in the Constitution.

Maybe Posner was absent the day they covered that in law school.


8 posted on 10/19/2017 10:29:25 AM PDT by Leaning Right (I have already previewed or do not wish to preview this composition.)
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To: Maceman

In a sane world, he would be immediately impeached and removed. He’s expressly rejected his oath of office.


9 posted on 10/19/2017 10:30:21 AM PDT by Campion (Halten Sie sich unbedingt an die Lehre!)
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To: Maceman

Fortunately that guy retired this year and is off the bench.

Unfortunately he is lecturing at Univ of Chicago.


10 posted on 10/19/2017 10:30:50 AM PDT by DannyTN
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To: Maceman; ClearCase_guy

I haven’t seen it before, either.

This guy should be impeached on his statements alone..............


11 posted on 10/19/2017 10:31:23 AM PDT by Red Badger (Road Rage lasts 5 minutes. Road Rash lasts 5 months!.....................)
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To: Maceman

I posted a long response on this, as disgusted as I was.

Knowing WHY the founders constructed the Constitution as they did is VITAL to interpreting the constitutionality of a situation.

It is IMPOSSIBLE to comment on the constitutionality of something unless you understand what the constitution IS and why it was created.

It was one of the most shocking and ignorant statements I have ever seen, from a specific group of people whose shocking and ignorant statements I have become accustomed to hearing.


12 posted on 10/19/2017 10:31:58 AM PDT by rlmorel (Liberals: American Liberty is the egg that requires breaking to make their Utopian omelette.)
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To: ClearCase_guy

No need if you actually making up a new country since you hate the existing one.


13 posted on 10/19/2017 10:32:31 AM PDT by epluribus_2 (he had the best mom - ever.)
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To: Campion

I’ll put him down as a “strict destructionist.”


14 posted on 10/19/2017 10:33:30 AM PDT by sparklite2 (I'm less interested in the rights I have than the liberties I can take.)
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To: Maceman
If this is true, then the appropriate response
is to amend the Constitution,
not fritter it away by Judicial Fiat

...Crickets...

15 posted on 10/19/2017 10:33:51 AM PDT by HangnJudge
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To: Maceman

So he doesn’t believe in basic God-given rights like freedom of speech, freedom of religion, freedom of the press? He may hate the 2nd amendment and may want to change parts of the Constitution — I get that.

But I find it depressing how anyone could not admire and believe in the basic freedoms contained in the Constitution ... UNLESS ... they don’t believe in the people’s inherent right to freedom itself and limitations imposed on the government.


16 posted on 10/19/2017 10:34:31 AM PDT by plain talk
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To: Leaning Right

If the Founders couldn’t have foreseen today’s culture, its because they were sane men.


17 posted on 10/19/2017 10:35:17 AM PDT by liberalism is suicide
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To: Maceman

Posner is one of many termites embedded within our foundation.


18 posted on 10/19/2017 10:37:48 AM PDT by Kalamata (Inside Every Liberal is a Totalitarian Screaming to Get Out - D. Horowitz)
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To: Maceman

This is standard leftist boilerplate BS. Don’t be fooled. This guy can’t be that stupid, although these days who knows.

Technology changes, and the founders were quite aware of this. It begs the question, though - he is missing the point.

What doesn’t change is human nature, and the founders were profoundly cognizent of this. There’s no way around this, and for him to overlook this is a tell. That’s why the Constitution is an enduring document. It is interpreted in light of modern life, not in a vacuum. It’s not even really that complicated.

The federal government is supposed to leave us the fuck alone and protect us from invasion, and not much else.

What DOES get complicated is all the lies and BS that the spoilers and crooks and dishonest politicians want to foist on everyone. Don’t be fooled.


19 posted on 10/19/2017 10:38:06 AM PDT by Freedom4US
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To: Maceman

Ah yes, POS Posner.


20 posted on 10/19/2017 10:40:13 AM PDT by Darksheare (Those who support liberal "Republicans" summarily support every action by same.)
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