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  1. #41
    Reigning Bologna Princess Rajah's Avatar
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    Quote Originally Posted by lowtech redneck View Post
    James Madison would strongly disagree (hell, even Alexander Hamilton would be aghast).
    Okay, so we've shown there've been differences of opinion from the beginning. However, the reason the Constitution has survived in much the same format as it was drafted is because it is flexible.

    I'm not arguing that this flexibility gives the Court the right to make new law willy-nilly, and I'm not sure if you thought I was. What I am saying, though, that it does give the Court the ability to roll with change. There are lots of reasons the Court has this power - the ability to make unpopular decisions without bending to the will of the people (we can debate this as a pro or con elsewhere - I tend to see it as a pro), quick resolution versus the legislative process, etc.


    I... suppose. Yeah!

  2. #42
    Senior Member Lateralus's Avatar
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    Quote Originally Posted by MacGuffin View Post
    Here's one for you all: what trumps the Constitution legally?
    The laws of physics.
    "We grow up thinking that beliefs are something to be proud of, but they're really nothing but opinions one refuses to reconsider. Beliefs are easy. The stronger your beliefs are, the less open you are to growth and wisdom, because "strength of belief" is only the intensity with which you resist questioning yourself. As soon as you are proud of a belief, as soon as you think it adds something to who you are, then you've made it a part of your ego."

  3. #43
    Senior Member Lateralus's Avatar
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    Quote Originally Posted by Rajah View Post
    Who says they're doing this? I don't think anyone - even Lateralus - is suggesting judges are this capricious.
    They haven't been, yet. But their "freedom" increases with each generation. Every time I think about Kelo vs New London, it pisses me off. Eminent domain my ass.
    "We grow up thinking that beliefs are something to be proud of, but they're really nothing but opinions one refuses to reconsider. Beliefs are easy. The stronger your beliefs are, the less open you are to growth and wisdom, because "strength of belief" is only the intensity with which you resist questioning yourself. As soon as you are proud of a belief, as soon as you think it adds something to who you are, then you've made it a part of your ego."

  4. #44
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    Quote Originally Posted by Lateralus View Post
    The laws of physics.
    Legally? That's a new one.

  5. #45
    ^He pronks, too! Magic Poriferan's Avatar
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    The constitution was very much a product of its time. That time was long ago. The only reason we have the oldest constitution in the world is because we interpret it. If we couldn't bend it around, we would have had to have gotten a new one.
    Go to sleep, iguana.


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    Live and let live will just amount to might makes right

  6. #46
    now! in shell form INA's Avatar
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    Quote Originally Posted by Rajah View Post
    Who says they're doing this? I don't think anyone - even Lateralus - is suggesting judges are this capricious.
    I wouldn't call it caprice for the activists among them -- more like a definite agenda. Their interpretation having the force of law and value as precedent (when they weren't even elected) also cuts against the notion that they should be taking something beyond the letter of the law as applied to cases at hand.

    What I am curious about is: what is the purpose of empathy here or how will it derail or enhance the decision-making? The way it's been presented, it sounds like it is meant to attenuate or sideline what the law is when the outcome doesn't warm the cockles of our hearts. Perhaps the "empathy first" people should market it better.

  7. #47
    now! in shell form INA's Avatar
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    Quote Originally Posted by Rajah View Post
    Okay, so we've shown there've been differences of opinion from the beginning. However, the reason the Constitution has survived in much the same format as it was drafted is because it is flexible.

    I'm not arguing that this flexibility gives the Court the right to make new law willy-nilly, and I'm not sure if you thought I was. What I am saying, though, that it does give the Court the ability to roll with change. There are lots of reasons the Court has this power - the ability to make unpopular decisions without bending to the will of the people (we can debate this as a pro or con elsewhere - I tend to see it as a pro), quick resolution versus the legislative process, etc.
    So selective empathy?

  8. #48
    Senior Member Lateralus's Avatar
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    Quote Originally Posted by MacGuffin View Post
    Legally? That's a new one.
    I didn't see the word "legally" there. Oh well. That's what happens when you multitask sometimes.
    "We grow up thinking that beliefs are something to be proud of, but they're really nothing but opinions one refuses to reconsider. Beliefs are easy. The stronger your beliefs are, the less open you are to growth and wisdom, because "strength of belief" is only the intensity with which you resist questioning yourself. As soon as you are proud of a belief, as soon as you think it adds something to who you are, then you've made it a part of your ego."

  9. #49
    Order Now! pure_mercury's Avatar
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    Quote Originally Posted by MacGuffin View Post
    Legally? That's a new one.

    Are you referring to popular sovereignty/the consent of the governed?
    Who wants to try a bottle of merc's "Extroversion Olive Oil?"

  10. #50
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    Quote Originally Posted by pure_mercury View Post
    Are you referring to popular sovereignty/the consent of the governed?
    Yes, that is part of it.

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