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Old 01-13-2012, 02:02 PM
 
Location: Southcentral Kansas
44,882 posts, read 33,264,475 times
Reputation: 4269

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Quote:
Originally Posted by Wendell Phillips View Post
The interpretation of the Constitution is a matter for the Judicial Branch - not you or I, or anyone else.
But, Wendell, when any of us agree with the final arbiters, the Supreme Court and you loosies don't agree with them it is you that makes the squealing noises.
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Old 01-13-2012, 02:05 PM
 
Location: Southcentral Kansas
44,882 posts, read 33,264,475 times
Reputation: 4269
Quote:
Originally Posted by Wendell Phillips View Post
The one (and only) interpretation that counts is that of the Supreme Court. And, while it is certainly possible - humans being fallible - for the Supreme Court to err in its judgment, it must be recognized that the Supreme Court is the final arbiter of the interpretation of the Constitution, and its decisions, whether you consider them good or bad, are binding as law until overturned by the court or by constitutional amendment. As Mr. Justice Jackson put it: "We are not final because we are infallible, but we are infallible only because we are final." Associate Justice Robert H. Jackson, Concurring Opinion in Brown v. Allen, 344 U.S. 443 (1953).
You need to stop saying such studied things since they are all very right and many of those of the liberal Loose Construction cult will begin to disagree with you.

Well said, Wendell.
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Old 01-13-2012, 02:06 PM
 
Location: Southcentral Kansas
44,882 posts, read 33,264,475 times
Reputation: 4269
Quote:
Originally Posted by Wendell Phillips View Post
The Constitution is the foundation and framework of our government - one of laws, and not men.
Now point that out to Eric Holder and his group.
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Old 01-13-2012, 02:08 PM
 
Location: Southcentral Kansas
44,882 posts, read 33,264,475 times
Reputation: 4269
Quote:
Originally Posted by alphamale View Post
The problem is that the SCOTUS does not have constitutional authority to interpret the Constitution.
Sorry alpha, but the Constitution gives the Supreme Court and only the Supreme Court that power. Wendell is right, there.
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Old 01-13-2012, 02:09 PM
 
Location: Southcentral Kansas
44,882 posts, read 33,264,475 times
Reputation: 4269
Quote:
Originally Posted by Boss View Post
The Hughes court allowed for the formation of SS. This was a very conservative court that struck down many of the new deal ideas to the point where FDR tried to pack the court but was beaten back by both Lib. and con.. My point is you never know how a court will interpet a law until they give there opin.
By dang, Boss we sure agree about all that.
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Old 01-13-2012, 02:35 PM
 
Location: the very edge of the continent
89,003 posts, read 44,813,405 times
Reputation: 13702
Quote:
Originally Posted by EinsteinsGhost View Post
Correct. That makes it a living document, not a dead one written on stone and never could be improved upon.
Ratify an Amendment; you're good to go. Otherwise, the Constitution is not open to arbitrary 'interpretations.'

For example, there have been no less than 24 attempts since the late 19th century to Amend the Constitution to allow those other than natural born citizens to be eligible for the office of POTUS. Those attempts have been made by both political parties. NONE of the proposed Amendments have succeeded.

Some of the recent attempts...

June 11, 2003, Rep. Vic Snyder [D-AR] H.J.R 59

September 3, 2003, Rep. John Conyers [D-MI] H.J.R. 67

September 15, 2004, Rep. Dana Rohrabacher [R-CA] H.J.R. 104

January 4, 2005, Rep John Conyers [D-MI] H.J.R. 2

February 1, 2005, Rep. Dana Rohrabacher [R-CA] H.J.R. 15

April 14, 2005, Rep. Vic Snyder [D-AR] H.J.R. 42
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Old 01-13-2012, 02:41 PM
 
Location: the very edge of the continent
89,003 posts, read 44,813,405 times
Reputation: 13702
Quote:
Originally Posted by EinsteinsGhost View Post
Such as this...

"I am not an advocate for frequent changes in laws and constitutions, but laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths discovered and manners and opinions change, with the change of circumstances, institutions must advance also to keep pace with the times. We might as well require a man to wear still the coat which fitted him when a boy as civilized society to remain ever under the regimen of their barbarous ancestors."
- Thomas Jefferson
Hence, the Constitutionally prescribed process for Amending the Constitution (Article V).

Like I said, ratify an Amendment; you're good to go. Otherwise, the Constitution is not open to arbitrary 'interpretations.'
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Old 01-13-2012, 02:43 PM
 
Location: Salisbury,NC
16,759 posts, read 8,212,614 times
Reputation: 8537
Quote:
Originally Posted by roysoldboy View Post
By dang, Boss we sure agree about all that.
Which is why The Pres. health care law will be ratified by this court.
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Old 01-13-2012, 02:46 PM
 
Location: the very edge of the continent
89,003 posts, read 44,813,405 times
Reputation: 13702
Quote:
Originally Posted by ovcatto View Post
There is indeed "ample" primary sources, unfortunately for your argument they reveal a wide divergence in opinions about the intention of the document that they signed... or didn't.
No, they do not.

If the Founding Fathers' intentions had diverged widely, as you attempt to assert, the Constitution never would have been ratified. ...Much like the proposed Amendments to change POTUS eligibility requirements that have always failed.
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Old 01-13-2012, 02:48 PM
 
5,915 posts, read 4,812,531 times
Reputation: 1398
Quote:
Originally Posted by Cletus Awreetus-Awrightus View Post
all words are subject to interpretation. that's how language works, kevin.
Try to interpret your mortgage differently than when you signed it with your lender.
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