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Old 02-24-2017, 04:10 PM
 
Location: Planet earth
3,617 posts, read 1,823,349 times
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Quote:
Originally Posted by HockeyMac18 View Post
When did the courts alter the US Constitution?
The commerce clause.
The general welfare clause.
The good and plenty clause.
The sunshine and lollipops for everyone clause.
The redistribution of wealth clause.
The takings whenever we the government deem necessary even if we do not have an enumerated authority to do something clause.
The we the federal government can own land that is beyond that which is enumerated in the Constitution clause.
The 2nd Amendment.
The 4th Amendment.
The 5th Amendment.
The 9th Amendment.
The 10th Amendment.
Etc., etc., ETC.
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Old 02-24-2017, 04:12 PM
 
10,920 posts, read 6,917,076 times
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Quote:
Originally Posted by KS_Referee View Post
The commerce clause.
The general welfare clause.
The good and plenty clause.
The sunshine and lollipops for everyone clause.
The redistribution of wealth clause.
The takings whenever we the government deem necessary even if we do not have an enumerated authority to do something clause.
The we the federal government can own land that is beyond that which is enumerated in the Constitution clause.
Etc., etc., ETC.
When did they alter these sections of the Constitution?
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Old 02-24-2017, 04:17 PM
 
Location: Planet earth
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Every single time the courts, including the US Supreme Court wiped their collective rears with the Constitution, changing the founding father's INTENT, which is CLEARLY documented in both the Federalist and the Anti-Federalist (the letters they wrote back and forth while debating the INTENT of the Constitution), the courts unconstitutionally CHANGED the Constitution.
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Old 02-24-2017, 04:18 PM
 
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Quote:
Originally Posted by KS_Referee View Post
Every single time the courts, including the US Supreme Court wiped their collective rears with the Constitution, changing the founding father's INTENT, which is CLEARLY documented in both the Federalist and the Anti-Federalist (the letters they wrote back and forth while debating the INTENT of the Constitution), the courts unconstitutionally CHANGED the Constitution. Every SINGLE time.
There is no clear intent in many areas of the Constitution. These clauses are a few of those areas. Nor was there consistent agreement among all of the founding fathers on how these phrases should be interpreted.

This is why we have Supreme Court rulings in the first place.


To your earlier claim, they (the courts) have not altered any part of the Constitution. The language is the same.
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Old 02-24-2017, 04:24 PM
 
Location: Planet earth
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Quote:
Originally Posted by HockeyMac18 View Post
There is no clear intent in many areas of the Constitution. These clauses are a few of those areas.

This is why we have Supreme Court rulings in the first place.


To your earlier claim, they (the courts) have not altered any part of the Constitution. The language is the same.
If SCOTUS declares that the word "black" in the Constitution actually means "white", then they unconstitutionally CHANGED the Constitution.

You know exactly what I meant and how SCOTUS altered the Constitution.
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Old 02-24-2017, 04:31 PM
 
Location: The Republic of Texas
78,863 posts, read 46,663,022 times
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Quote:
Originally Posted by HockeyMac18 View Post
When did the courts alter the US Constitution?

The courts have allowed language to be inserted into amendments in the Bill of Rights, to limit those rights.
Have they not? The one amendment that says, shall not be infringed, is the one infringed the most.
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Old 02-24-2017, 04:35 PM
 
10,920 posts, read 6,917,076 times
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Quote:
Originally Posted by KS_Referee View Post
If SCOTUS declares that the word "black" in the Constitution actually means "white", then they unconstitutionally CHANGED the Constitution.

You know exactly what I meant and how SCOTUS altered the Constitution.
If they had done something that blatantly stupid, sure. In regards to these clauses (i.e. the thread discussion), they are interpreting areas of the Constitution which are somewhat ambiguous and did NOT have a single agreed upon intent by the founders.

You can go on and on about intent all you want, but there was no clear intent with these parts of the Constitution.

Some parts of the Constitution are very clear, others are not. Such is the nature of the document.

I understand you (and others) disagree with the Supreme Court's decisions over its history in regards to these parts of the Constitution, but they have been made, and we have built an entire foundation on them.


I can't imagine that it would be easy to overturn these decisions, even if you had the will and power to challenge the system.
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Old 02-24-2017, 04:35 PM
 
Location: Planet earth
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Finally... the courts, including the Supreme Court, were never granted the enumerated authority to interpret the Constitution.

Quote:
Article III - The Judicial Branch

Section 1 - Judicial powers
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.

Section 2 - Trial by Jury, Original Jurisdiction, Jury Trials
(The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.) (This section in parentheses is modified by the 11th Amendment.)
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Section 3 - Treason
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
The Congress shall have power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
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Old 02-24-2017, 04:38 PM
 
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Quote:
Originally Posted by BentBow View Post
The courts have allowed language to be inserted into amendments in the Bill of Rights, to limit those rights.
Have they not? The one amendment that says, shall not be infringed, is the one infringed the most.
And did courts alter the document? Or was that the legislative branch?
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Old 02-24-2017, 04:40 PM
 
Location: Planet earth
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Quote:
Originally Posted by HockeyMac18 View Post
If they had done something that blatantly stupid, sure. In regards to these clauses (i.e. the thread discussion), they are interpreting areas of the Constitution that ambiguous and that did NOT have some single agreed upon intent by the founders. You can go on and on about intent all you want, but there was no clear intent with these parts of the Constitution. Some parts of the Constitution are very clear, others are not. Such is the nature of the document.

I understand you (and others) disagree with the Supreme Court's decisions over its history in regards to these parts of the Constitution, but they have been made, and we have built an entire foundation on them.


I can't imagine that would be easy to overturn, even if you had the will and power to challenge the system.


Please continue to claim this all you want. The Supreme Court had the benefit of the Federalist and the Anti-Federalist. The first 50years under the Constitution the court had the benefit of ASKING the very men who wrote the document if there was ANY doubt. Then for nearly 100 years there was obviously little doubt because the courts didn't make asinine decisions which were antithetical to the Constitution nor the founding father's INTENT of what was in it.
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