Page 30 of 36 FirstFirst ... 202829303132 ... LastLast
Results 291 to 300 of 355

Thread: Justice Ruth Bader Ginsburg has died

  1. #291
    Site Supporter
    Join Date
    Mar 2011
    Location
    Greater PDX, OR
    Quote Originally Posted by Totem Polar View Post
    This is pretty darn OT, but: can anyone explain to me how the militia can be both simultaneously a constitutional bulwark against the tyranny of our own government AND fall under the command of the President (article 2, section 2; refreshed while reading up on SCOTUS appointing language)?

    Just curious how to reconcile the two ideas. I’m no legal scholar—any thoughts?

    Thread drift in 3,2,1...
    I'm no legal scholar either. But it seems to me that the militia in it's early years served as a bulwark against tyranny in more than one way. Not only would they have the skill and arms to oppose a tyrant, but the militia was a replacement for the more traditional standing army which could be tyrannical in it's own right.
    Last edited by Seven_Sicks_Two; 09-24-2020 at 03:37 PM.

  2. #292
    Member Kukuforguns's Avatar
    Join Date
    Feb 2013
    Location
    Los Angeles County

    Vox has an analysis of Amy Coney Barrett that does not suck

    I periodically review articles on vox.com to see what the farther leftists are discussing. Not surprisingly, Amy Coney Barrett is a current topic of conversation at Vox. What is surprising is this article. Because ACB had a lengthy tenure as a professor before being appointed to the 7th Circuit (and she remains a professor at Notre Dame), she has a paper trial of academic writings. A Vox writer interviewed another law professor about ACB's academic writings. The professor is very measured ... there is NO criticism of ACB by the professor. There is some small praise in that the professor agreed that the issues ACB was analyzing were relevant questions to consider. However, the tone of the interview is really just an explanation of what each article was analyzing and an explanation of what originalism is. Even more surprising was that the Vox writer's questions were not extremely biased. Overall, it's actually one of the better articles I've read about ACB in the last week. Kudos to Dylan Matthews and Prof. Whittington for an informative interview.

  3. #293
    Site Supporter hufnagel's Avatar
    Join Date
    Feb 2011
    Location
    NJ 07922
    Quote Originally Posted by Seven_Sicks_Two View Post
    I'm woefully underqualified to present the finer points of case law and precedent. But the lay argument I use (shamelessly stolen from the internet) to clarify the language for people is this:

    "A well balanced breakfast being necessary to the start of a healthy day, the right of the people to keep and eat food shall not be infringed."

    Who has the right to food? A well balanced breakfast or the people?
    needs to be a shirt.

    come on chinese bots... find this and do it.
    Rules to live by: 1. Eat meat, 2. Shoot guns, 3. Fire, 4. Gasoline, 5. Make juniors
    TDA: Learn it. Live it. Love it.... Read these: People Management Triggers 1, 2, 3
    If anyone sees a broken image of mine, please PM me.

  4. #294
    Site Supporter
    Join Date
    Feb 2011
    Location
    Northern Virginia
    Quote Originally Posted by Glenn E. Meyer View Post
    The Amendment is a Rorschach test. The justice has an underlying belief which is positive or negative to the RKBA and then looks for precedent and language and arguments to support the underlying belief. The legal profession will claim otherwise, they pretend to be logical and neutral interpreters of the documents in question. They are originalists when it suits them, interpreters when it suits them. The former is usually evoked to support a conservative position, the latter a more liberal position.

    I think this viewpoint from some scholars of the court from political science, psychological and sociological analyses cuts through the jargon and endless blather. The Court is acting as a mini-legislature as the Congress refuses or can't deal with issues.
    There are quite a few examples of judges and justices using originalism and textualism to come to a result that is pretty clearly opposed to their personal beliefs. The whole point of these interpretive methods is to apply our constitution like we apply our statutory law and to add some "law" to our constitutional law.
    Last edited by joshs; 09-24-2020 at 07:20 PM.

  5. #295
    Site Supporter
    Join Date
    Feb 2011
    Location
    Northern Virginia
    For those interested in reading more about contemporaneous rights provisions with the same drafting style see Volokh's The Commonplace Second Amendment. https://www2.law.ucla.edu/volokh/common.htm

  6. #296
    Site Supporter
    Join Date
    Nov 2012
    Location
    Erie County, NY
    Quote Originally Posted by joshs View Post
    There are quite a few examples of judges and justices using originalism and textualism to come to a result that is pretty clearly opposed to their personal beliefs. The whole point of these interpretive methods is to apply our constitution like we apply our statutory law, and to add some "law" to our constitutional law. .
    However, the consistent set of 5/4 liberal vs. conservative or vice versa decisions suggests that in recent times, belief is a significant factor. The wildly different views on the 2nd Amend., gay marriage at the like suggest that originalism and textualism are surface cover for the underlying beliefs. The reversals of civil rights as in segregation - how did that come about?

    Most things are multicausal, but today the court is driven more by core justice ideology on social issues. If not, we would not see the debate we have over justices - we want one that has the ideology we approve of.

  7. #297
    Member Kukuforguns's Avatar
    Join Date
    Feb 2013
    Location
    Los Angeles County

    SCOTUS 5-4 Voting Blocks Are Not as Consistent as Is Commonly Believed

    Quote Originally Posted by Glenn E. Meyer View Post
    However, the consistent set of 5/4 liberal vs. conservative or vice versa decisions suggests that in recent times, belief is a significant factor. The wildly different views on the 2nd Amend., gay marriage at the like suggest that originalism and textualism are surface cover for the underlying beliefs. The reversals of civil rights as in segregation - how did that come about?

    Most things are multicausal, but today the court is driven more by core justice ideology on social issues. If not, we would not see the debate we have over justices - we want one that has the ideology we approve of.
    The makeup of 5-4 decisions is not nearly as consistent as you suggest:

    https://www.scotusblog.com/2019/07/e...ber-term-2018/

    Emperical SCOTUS has a wealth of statistical analyses of the Court's votes.

  8. #298
    Site Supporter
    Join Date
    Nov 2012
    Location
    Erie County, NY
    Interestingly, the site concludes:

    With a bevy of contentious cases on the horizon dealing with issues ranging from the Second Amendment, to DACA, to Title VII discrimination against transgender individuals, we should continue to see the justices split predictably on certain issues, while we might expect some surprises as the justices seek consensus in ways they never needed to with Kennedy on the court.
    Thus, there are variants but the decisions are polarized on certain issues. I opine these are the major social issues as the summary suggests.

  9. #299
    Gray Hobbyist Wondering Beard's Avatar
    Join Date
    Nov 2011
    Location
    The Coterie Club
    " La rose est sans pourquoi, elle fleurit parce qu’elle fleurit ; Elle n’a souci d’elle-même, ne demande pas si on la voit. » Angelus Silesius
    "There are problems in this universe for which there are no answers." Paul Muad'dib

  10. #300
    Site Supporter
    Join Date
    Nov 2012
    Location
    Erie County, NY
    Politics and justices' decisions on major policies:

    https://insight.kellogg.northwestern...the-swing-vote

    Now my concern, again, is whether the RKBA cases get lost in the other issues. Will they be acted on with alacrity?

User Tag List

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •