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The Constitution is alive and well. It is a "living" document; and it speaks to us every day through the federal judiciary. Listen up - you might learn something.
The constitution speaks to us through the federal judiciary? Are you actually serious? That is the most ridiculous thing I have ever heard. And to take such a comment seriously would require you to believe that the "federal judiciary" is some infallible entity which is completely free from bias and self-interest. That we can entrust in nine unelected, lifetermed men the power that we do not trust in the same men who placed in them the reigns of power to begin with.
It is the most absurd, illogical, ridiculous notion that I have ever heard said on these forums. And I have heard a lot of ridiculous things posted here.
In my rational capacity, I would probably assume the poster is either insane or sarcastic. But understanding the fallibility of human-nature, I must recognize that it is something even worse. It is the tendency for ignorant and naive men to justify the irrational because it is in their interests to do so.
Which reminds me of this quote...
“The known propensity of a democracy is to licentiousness which the ambitious call, and ignorant believe to be liberty.” - Fisher Ames - 1788
Basically, the ambitious call "the living document" theory, liberty. And the ignorant will believe them. But the informed will see it for what it is, the despotism of an unelected, lifetermed oligarchy.
"To consider the judges as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men and not more so. They have with others the same passions for party, for power, and the privilege of their corps. Their maxim is boni judicis est ampliare jurisdictionem [good justice is broad jurisdiction], and their power the more dangerous as they are in office for life and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign within themselves." - Thomas Jefferson
I do agree. The Constitution is alive and well. It is a living document, create with such foresight.
Two things. The Constitution is a living document in the sense that it can be changed, it is Article V of the US Constitution. They are called "amendments".
Secondly, the "living document" theory was not created by the framers through any sort of foresight. In fact, the framers didn't even give the Supreme Court the power of Judicial Review. Thus any notion that the framers intended the Supreme Court to be able to reinterpret the constitution in a "modern context", is absolutely absurd.
The truth is, neither the framers nor the constitution intended the system of government we have today. The system of government we have today is something we created for ourselves through the functions of democracy, not through Republicanism. And anyone who can't see that is blind.
Even the Supreme Court has become nothing but an extension of Democracy. Look at all the Supreme Court decisions that have gone 5-4. Whether it be "Obamacare", or Arizona's immigration law, or gun rights, or corporate personhood, or the recent Hobby Lobby case, or even Bush v. Gore(IE how Bush won the presidency). The Supreme Court justices rule in a similar fashion to the party that appointed them.
As Thomas Jefferson said, "Our judges are as honest as other men and not more so."
You made my day. This is the first time ANYONE has called me a RWNJ.
Victimhood is almost always a choice. Those who make lousy choices tend to blame others for the outcomes.
This applies to individuals and corporations.
I never called you a RWNJ. I said that it seems that you buy their nonsense, that does not make you one, just a dupe!
Law enforcement is subject to judicial procedure. Our courts are the great equalizers, for all men are not created equal, they are equal under the law.
Geez, you have definitely drunken the Kool Aid. The courts are corrupt and the people who run them are criminals. To prove that all you have to do is serve on a jury and listen to the judge lie through his teeth and tell the jury that "he is the judge of the law" the first Supreme Court Justice was nearly impeached for uttering such nonsense.
The people retain the power to judge the law as well as the guilt of the person on trial.
No. We live under the rule of law, for it is not the individual that is sovereign, it is the law. Under the Constitution, the law reigns supreme.
Total BS. The federal government's own GAO determined that Obama violated 2 federal laws with the Bergdahl/5 Guantanamo detainees swap, and not a damn thing was done about it. We have a lawless president leading a lawless country. Most fully realize those two facts.
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