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Old 04-14-2015, 06:59 AM
 
Location: the very edge of the continent
89,060 posts, read 44,866,510 times
Reputation: 13718

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Quote:
Originally Posted by ChiGeekGuest View Post
Are you saying the State & Local Jim Crow laws were constitutional & no comment on their rationale? One is allowed to have an opinion, is one not?
I reiterated the First Amendment:
Quote:
Originally Posted by InformedConsent View Post
In regards to the freedom of religion and the exercise thereof, freedom of speech, freedom of the press, the freedom of peaceable assembly, and the freedom to petition the government for redress of grievances: unconstitutional. Period.

The First Amendment is very clear. The key words are: shall make no law

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
I stand by the First Amendment.
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Old 04-14-2015, 07:07 AM
 
Location: The Republic of Texas
78,863 posts, read 46,654,236 times
Reputation: 18521
Quote:
Originally Posted by ChiGeekGuest View Post
Are you saying the State & Local Jim Crow laws were constitutional & no comment on their rationale? One is allowed to have an opinion, is one not?

The big word that everyone has passed over.

It does not say the States shall make no law.
Congress shall make no law.
The US Constitution... the US Congress(House & Senate)
The 10th Amendment then takes over.

The 13 original States, had their own Constitutions.
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Old 04-14-2015, 06:49 PM
 
Location: *
13,240 posts, read 4,930,214 times
Reputation: 3461
In a previously cited article, Justice Scalia responds to one of the questions posed by stating he tries to be an 'honest originalist! I will take the bitter with the sweet!' He then goes on to say:

"And what I would say now is, yes, if a state enacted a law permitting flogging, it is immensely stupid, but it is not unconstitutional. A lot of stuff that’s stupid is not unconstitutional. I gave a talk once where I said they ought to pass out to all federal judges a stamp, and the stamp says—Whack! [Pounds his fist.]—STUPID BUT *CONSTITUTIONAL. Whack! [Pounds again.] STUPID BUT *CONSTITUTIONAL! Whack! *STUPID BUT *CONSTITUTIONAL … [Laughs.] And then somebody sent me one."

In Conversation With Antonin Scalia -- New York Magazine

I found that refreshing.

In the same vein I was hoping to get an honest, refreshing answer from someone.

The Jim Crow laws were State & Local laws, enacted & enforced by Individual States & Localities. They may have been constitutional according to the State but they didn't make sense. Equality & segregation were mutually inconsistent, irrational ... stupid. Equality was written into the 14th Amendment (& in other places) not separation.
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Old 04-14-2015, 06:59 PM
 
79,907 posts, read 44,231,797 times
Reputation: 17209
Eighth Amendment.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

If it was ruled that flogging was cruel and unusual then indeed such a law would be unconstitutional.
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Old 04-14-2015, 07:58 PM
 
Location: Upstate NY 🇺🇸
36,754 posts, read 14,837,240 times
Reputation: 35584
Quote:
Originally Posted by turkey-head View Post
This here is a great example of what the Republican Party stands for these days. According to our loud and proud Republican Supreme Court Justice Antonin Scalia, it's just fine and dandy for the government to pass laws discriminating against women. I can't say I'm surprised considering that this is a party that wants to force women to receive invasive and unnecessary vaginal ultrasounds. Considering that LEADERS in this party have openly questioned womens' right to access birth control- while Viagra is covered by their own medical plans. Considering that Republicans have ADMITTEDLY done everything in their power to keep American citizens who they don't like from voting.

There are several reasons why I'll vote for Hillary. But THE single most compelling reason for me is that we can't allow the GOP to appoint more guys like Scalia. They're making every effort to drag us back into the 19th century. I don't agree with the Democrats on everything, but I will NOT support the GOP's repeated attempts to maintain, defend, and even reinstate discrimination.

Edit: Linky: Scalia: Women Don't Have Constitutional Protection Against Discrimination

Here we go again. The sky is falling according to the liberal clowns who are still trying to convince useful idiots that women don't have "reproductive rights" and that it's not Democrats seeking to control and stick their beaks into our business at every turn.

Some things never change.
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Old 04-14-2015, 11:54 PM
 
Location: Aztlan
2,686 posts, read 1,772,016 times
Reputation: 1282
Quote:
Originally Posted by turkey-head View Post
Political nitpicking from three decades ago does not change the fact that today's GOP is openly hostile towards women's rights.
Really? Aren't women U.S. citizens? What special rights do they have by virtue of being female?
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Old 04-15-2015, 12:27 AM
 
Location: Corona del Mar, CA - Coronado, CA
4,477 posts, read 3,303,880 times
Reputation: 5609
Quote:
Originally Posted by MTQ3000 View Post
I can assure you that the Federalist Society would not have any non-Republican speak at their meetings. Not to mention, he was an adviser to the Federalist Society
Past speakers at Federalist Society include Justice Stephen Breyer; ACLU leaders Nadine Strossen, Burt Neuborne and Steve Shapiro; former Clinton administration White House counsels Abner Mikva and Bernard Nussbaum; law professors Akhil Amar, Alan Dershowitz, Randy Kennedy and Kathleen Sullivan, to name a few.
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Old 04-15-2015, 12:36 AM
 
Location: Someplace Wonderful
5,177 posts, read 4,794,097 times
Reputation: 2587
Quote:
Originally Posted by BentBow View Post
The big word that everyone has passed over.

It does not say the States shall make no law.
Congress shall make no law.
The US Constitution... the US Congress(House & Senate)
The 10th Amendment then takes over.

The 13 original States, had their own Constitutions.
nice argument. most people do not understand how the us of a works under the constitution. Big surprise. most people are liberals and victims of public school education these past few decades.
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Old 04-15-2015, 01:59 AM
 
1,160 posts, read 714,184 times
Reputation: 473
I do wonder if some think discrimination by the government is bad or just discrimination against certain groups.
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Old 04-15-2015, 07:07 AM
 
Location: *
13,240 posts, read 4,930,214 times
Reputation: 3461
Quote:
Originally Posted by billydaman View Post
I do wonder if some think discrimination by the government is bad or just discrimination against certain groups.
I'm not sure I understand your question but I'll take a shot at it. I think, like most things, it depends on the context.

Out of all the freedoms we have in the US, I think the 'freedom to be a jerk' is overrated.
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