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Old 05-02-2009, 07:27 PM
 
Location: NJ
31,771 posts, read 40,672,588 times
Reputation: 24590

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Quote:
Originally Posted by mhouse2001 View Post
Their job IS to go by their feelings, their instincts, their intellect, and whatever else they need, including the opinions and decisions of foreign courts, to render decisions for HUMAN BEINGS.
where does it say that this is their job? or are you just saying what you want it to be and acting is if thats the reality?
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Old 05-02-2009, 09:48 PM
 
4,459 posts, read 4,207,399 times
Reputation: 648
Quote:
Originally Posted by nononsenseguy View Post
Well, well, well. Look who we have here again. It's Dukester.

Apparently the "law" and the interpretation thereof, no longer plays a role. I was always taught that the job of a judge was to "interpret the law", not make law, or rule on a case based on personal views or emotion.

Our system has really deteriorated. We are in trouble. The America I knew as a kid no longer exists. I don't know what this is. I no longer recognize it.
Soooooo........ He is going to ask his appointee that he is empathetic in his decisions on how he interprets the constitution. Codeword liberalism in no uncertain terms which is fine by me... I have never met an emphatic neoCON, have you?
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Old 05-03-2009, 05:49 AM
 
Location: Missouri
3,645 posts, read 4,924,773 times
Reputation: 768
Quote:
Originally Posted by Dukester View Post
Soooooo........ He is going to ask his appointee that he is empathetic in his decisions on how he interprets the constitution. Codeword liberalism in no uncertain terms which is fine by me... I have never met an emphatic neoCON, have you?
Well of course. You don't care about the constitution but care more about feeling good. How sad that is.
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Old 05-03-2009, 06:33 AM
 
4,459 posts, read 4,207,399 times
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Quote:
Originally Posted by Anonymous Political Junky View Post
Well of course. You don't care about the constitution but care more about feeling good. How sad that is.
It's constitutional...
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Old 05-03-2009, 07:34 AM
 
Location: Texas
14,975 posts, read 16,453,455 times
Reputation: 4586
Quote:
Originally Posted by Anonymous Political Junky View Post
Well of course. You don't care about the constitution but care more about feeling good. How sad that is.
No...he cares about manipulating the Constitution to match the liberal view as he feels should be allowed.

Quote:
Originally Posted by Dukester View Post
It's constitutional...
It's actually not and we've allowed it to happen for far too long. I will actually concede, however, that many conservative justices have been just as bad.
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Old 05-03-2009, 08:22 AM
 
Location: Indiana
2,046 posts, read 1,573,791 times
Reputation: 396
Default great post

Quote:
Originally Posted by Wapasha View Post
0bama: "I will seek someone who understands that justice isn't about some abstract legal theory or footnote in a casebook. It's also about how our laws affect the daily realities of people's lives -- whether they can make a living and care for their families, whether they feel safe in their homes and welcome in their own nation."

This might sound all warm and fuzzy, but it should scare the hell out of anyone going before a judge that is allowed to rule on cases using emotion, and not the law.

The duty of a supreme court justice, is not to decide cases based upon feelings, emotion, or empathy. If the laws are poorly written, then it is up to the law makers in the Congress to change them, not allow each justice on the SCOTUS judge each case differently, depending on your race, gender, or income. Do we really want judges who decide cases based on who you are, rather than on the facts and the law?

Should a judge hand out two completely opposite rulings, using the exact same property law, with the exact same circumstances, deciding that one person shall have their property taken from them, while another person gets keep their property, based solely upon the judges emotional feelings on the matter?
The constitution and the laws passed are the only thing a judge should look to when presiding over a case
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Old 05-03-2009, 08:30 AM
 
Location: Lafayette, Louisiana
14,100 posts, read 28,515,251 times
Reputation: 8075
Quote:
Originally Posted by mhouse2001 View Post
Then let's put in a Justice Robot who has no emotions and can access millions of cases in a few nanoseconds. Yes, we don't need humans to dispense justice.

Their job IS to go by their feelings, their instincts, their intellect, and whatever else they need, including the opinions and decisions of foreign courts, to render decisions for HUMAN BEINGS. I'm glad you won't be considered for this opening.
Do you know why the statue of "Justice" is blindfolded? It's because justice is to be decided blindly, as in regardless of a person's wealth or status. They're suppose to put their feelings aside and judge based upon the US Constitution and the laws enacted by Congress. They're not to consider the feelings of the public. If the public wants a law changed or someone to be released from prison then that is the job of the Legislature (law change) or governor/president (released from prison). That's not the job of the supreme court unless the court finds that the defendant's constitutional rights were violated.
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Old 05-03-2009, 08:32 AM
 
Location: Pa
20,300 posts, read 22,213,219 times
Reputation: 6553
Quote:
Originally Posted by gysmo View Post
The constitution and the laws passed are the only thing a judge should look to when presiding over a case
Exactly. What does the law say? Black and white. I am sick of how people insist on trying to re-enterprut what the law says. It reminds me of religous zealots. Yes the bible says that but what Jesus really meant was ....
The 14th amend. is a classic example of folks rewriting what was actually said.
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Old 05-03-2009, 08:35 AM
 
Location: Texas
14,975 posts, read 16,453,455 times
Reputation: 4586
Can some President at some point actually appoint a strict constitutionalist to the court? PLEASE!!!!
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Old 05-03-2009, 08:39 AM
 
Location: Marietta, GA
7,887 posts, read 17,185,835 times
Reputation: 3706
Quote:
Originally Posted by doc1 View Post
Empathy?

How about a deep knowledge of the US Constitution and other writings of our esteemed founding fathers.

Or is that too much to ask in this day and age of "feelings" and the dumbing down of America.

Empathy

Maybe we could get find a wheelchair bound, Asian lesbian with great self esteem.
Exactly....it's no longer about being able to review laws passed by the legislative branch for their constitutionality, which is the true job of the judiciary, but now it's about being "empathetic" and righting perceived wrongs through activism behind the bench.

Sure, every judge comes to the bench with their own biases and political beliefs, but the mark of a true jurist is the willingness and ability to put aside those kinds of biases and to objectively use the Constitution as the guide and to rule according to the actual law and not to invent new meanings.

What's disappointing to me isn't that Obama wants liberal and activist judges, which is no surprise, but that he'd make such a stupid comment regarding being "empathetic" instead of being accomplished scholars of the US Constitution. Of course that's probably no surprise either, given that Obama doesn't seem to view the US Constitition as anything more than a compelling suggestion.
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