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Posts Made By: Rod Kaufman

October 27, 2020 08:37 AM Forum: Politics

We have reached peak weirdness.....

Posted By Rod Kaufman

Originally Posted by Richard Davis

The only person here interested in QAnon is you.  What does that tell you?  You're obsessed with them, like you get obsessed with everything else that the puppetmasters tell you to get obsessed about.

We on the right couldn't give a damn about some QAnon group.

Did you get your daily email today, telling you what to think?  
No, it's Trump supporters like these:
https://time.com/5898793/a-photographers-journey-through-the-dangerous-new-age-of-conspiracies-in-america/

October 28, 2020 10:32 AM Forum: Politics

It's Befitting He's Swearing In Amy...

Posted By Rod Kaufman

Originally Posted by David Cotterell
Originalist?  Like blacks are only 3/5 human and women didn't have the vote?  That kind of originalist?

Dave
Well, in Amy's own words, "Barrett defined the term for the Senate. “So in English, that means that I interpret the constitution as a law, that I interpret its text as text and I understand it to have the meaning that it had at the time people ratified it,” she said. “So that meaning doesn’t change over time. And it’s not up to me to update it or infuse my own policy views into it.”
Er ah,  I gotta a problem with that and so did a lot of senators...
"But originalist reasoning does harken to a time when the conception of the federal government’s role was much narrower, Huq said, making it a particularly useful tool for dismantling public health protections and other regulations."
https://www.theguardian.com/us-news/2020/oct/26/amy-coney-barrett-originalist-but-what-does-it-mean

October 29, 2020 05:26 AM Forum: Politics

It's Befitting He's Swearing In Amy...

Posted By Rod Kaufman

Originally Posted by David Cotterell
"Article 1 of the Constitution, in pertinent part reads as follows:

3. Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers, which shall be determined by adding the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons."


Now your constitution doesn't say this any more thanks to amendments but it originally did.  Originally.

Do originalists interpret the Constitution as originally written?

Dave
Naw, what the "Originalists" do, in plain English, as Amy puts it, is to pick and choose which original parts of the constitution they selectively apply to whichever case they hear before them. For example, Amy applies the second amendment right to bear arms to convicted felons and since the constitution doesn't specify that you can't, said felons can have the right to bear arms. Of course, Amy will cite previous supreme court cases as precedent and the law of the land. OTH, when it comes to abortions, Amy, as Clarence alludes to now, will find the previous case of Roe Vs Wade to be incorrectly decided and will selectively apply parts of the constitution that apply to states rights in order to vindicate her opinion. In other words, Originalists like Amy will find original pieces of the constitution to fill in their legal puzzles until they find the pieces that fit.

October 29, 2020 07:13 AM Forum: Politics

It's Befitting He's Swearing In Amy...

Posted By Rod Kaufman

Originally Posted by Richard Davis

Wrong
I feel more vindicated now by reading Davis' retort that I'm wrong on originalism and provides more evidence that I'm right."Pulitzer Prize winning historian Joseph Ellis, a scholar of the founding of the nation and biographer of several of the Founders, offered a non-lawyer’s perspective. “I have direct access to the Founders,” he announced to a sea of chuckles, “and they aren’t originalists.” He reported the Founders’ view of the Constitution as a framework, not an eternal truth. It was intended to change over time. He cited Jefferson’s observation, “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.”
https://www.americanbar.org/groups/judicial/publications/appellate_issues/2020/winter/are-we-all-originalists-now/

October 30, 2020 12:19 AM Forum: Politics

It's Befitting He's Swearing In Amy...

Posted By Rod Kaufman

Originally Posted by James Brown

And it has.  Bigly.  

Jim
Not for people like Amy or Clarence...

October 30, 2020 01:02 AM Forum: Politics

It's Befitting He's Swearing In Amy...

Posted By Rod Kaufman

Originally Posted by James Brown

Hi Rod:  

You are of course missing a huge point.  Two of them in fact.  Point 1 - It is impossible to predict what sort of Justice ACB will turn out to be.  Point 2 - If anything, ACB is a student of Scalia's.  Scalia and Thomas approach(ed) the Constitution in very different ways, even though both are generally grouped as conservatives or originalists.  Thomas does have some odd views, even in my opinion.  But lumping ACB and Thomas together is without merit, at least not yet.

I have not read this article, so I don't know if it is any good or not.  It purports to explore the critical differences between Thomas and Scalia's jurisprudence, differences that are well known among conservatives and legal scholars but ignored by the press:

https://www.nationalaffairs.com/publications/detail/two-kinds-of-originalism

Jim
Hi Jim,
I hope and pray nobody else on the bench will be as odd or as wrong as Clarence and your cited article does give me a measure of reassurance so thanks for posting it. I remain skeptical of Barrett based upon her minority opinion regarding restoration of the right to bear arms for convicted felons. 
I'm a bit surprised by squiggy correcting his latest mistake so miracles are possible:
https://thehill.com/regulation/court-battles/523357-kavanaugh-corrects-opinion-following-vermont-officials-objection

October 27, 2020 07:11 AM Forum: Politics

It's Befitting He's Swearing In Amy...

Posted By Rod Kaufman

https://thehill.com/homenews/administration/522834-clarence-thomas-set-to-swear-in-barrett-at-white-house

October 28, 2020 01:23 AM Forum: Politics

The Contrarian View: Trump Will Win

Posted By Rod Kaufman

https://thehill.com/opinion/campaign/522957-dont-believe-the-polls-trump-is-winning-bigly
Godforbid they're right and there's a lot of reasons they're wrong...

October 28, 2020 03:02 AM Forum: Politics

It's Over

Posted By Rod Kaufman

Considering how Trumptoids behave, it's either over for them or it never existed. They're obviously the "scientists" working in Trump's science office...

October 28, 2020 04:31 AM Forum: Politics

It's Over

Posted By Rod Kaufman

Someone in the Trump science office needs to inform Melania:
https://www.cnn.com/2020/10/27/politics/melania-trump-election-2020-coronavirus/index.html