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Supreme Court Justice Anthony Kennedy Calls Constitution “Flawed”
Moonbattery ^ | July 24, 2014

Posted on 07/26/2014 7:34:52 PM PDT by 2ndDivisionVet

We rely on the Supreme Court to defend the Constitution from the endless assaults on it that chip away our liberty. Too bad Supreme Court Justices don’t have a higher opinion of the document. Ruth Bader Ginsberg has denounced it, recommending instead the socialist constitution of South Africa. The odious Stephen Breyer appears to attack it at every opportunity (e.g., here, here, and here). Now we hear this from swing vote Anthony Kennedy:

Supreme Court Justice Anthony Kennedy, speaking at the annual conference of the Ninth U.S. Circuit Court of Appeals in Monterey, waxed eloquent on the deficiencies of the Constitution and implied that those who believe in the original intent of the Constitution by swearing fealty to the original, literal meaning are misguided.

Most of Kennedy’s nearly hour-long speech focused on the Magna Carta, originally signed in 1215 and due for its 800th anniversary next year. But he couldn’t resist taking a swipe at the Constitution, noting, “The Constitution of the United States is a flawed document,” its “thinly veiled language… basically reaffirmed the legality of slavery.” Kennedy was referencing the section of the Constitution in which each slave was defined as three-fifths of a person in the estimation of how many congressional delegates each state was allotted. He added that the soldiers who died in the Civil War were “one of the things it cost for having a Constitution that was flawed.”

At the time the Constitution was written, the economy of the southern states was totally reliant on slave labor. A constitution forbidding slavery would never have held the nation together, because no southern state would have agreed to it.

As liberals tend to forget, slavery was a nearly ubiquitous feature of civilization throughout the world until it was largely ended by Anglo-Saxons in the 19th century, the British navy playing a major role.

Presenting a constitution forbidding slavery in 18th century America would have been a waste of everyone’s time.

That doesn’t mean the Constitution is flawed. It means that it sometimes needs to be amended to keep pace with changing times — as it has been. This is a relatively superficial process, very different from proclaiming the whole thing to be flawed and rejecting it in favor of a “living constitution” that says whatever the prevailing majority wants it to say at any given moment.

Unsurprisingly, the main person the Supremes need to defend the Constitution against also regards it as “deeply flawed.”

Don’t count on Kennedy to stop him.


TOPICS: Conspiracy; Government; Politics; Society
KEYWORDS: constitution; scotus; supremecourt
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1 posted on 07/26/2014 7:34:52 PM PDT by 2ndDivisionVet
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To: 2ndDivisionVet
“The Constitution of the United States is a flawed document,”

Since his focus seems to be on slavery, wouldn't an intelligent man say that it WAS a flawed document, but we eventually fixed it?

Also, the tired old three-fifths things was a moral attempt to minimize political power from slave-holding states. It was a good thing. It was an attempt to move in a direction that might "fix" the "flawed document".

Last point: If you swear an oath to uphold the Constitution, you need to STFU about your opinions about flawed it is, or was, or whatever. It is what it is -- right, wrong, or indifferent, you uphold it as it is without grousing about how "flawed" it is.

Sheesh!

2 posted on 07/26/2014 7:40:09 PM PDT by ClearCase_guy ("Harvey Dent, can we trust him?" http://www.youtube.com/watch?v=HBsdV--kLoQ)
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To: 2ndDivisionVet

A “living constitution” for a dying nation.


3 posted on 07/26/2014 7:42:42 PM PDT by Lurkina.n.Learnin (It's a shame nobama truly doesn't care about any of this. Our country, our future, he doesn't care)
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To: 2ndDivisionVet

As long as the 14th, 16th and 17th Amendments remain in the Constitution, it is a flawed document.


4 posted on 07/26/2014 7:46:04 PM PDT by Oliviaforever
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To: 2ndDivisionVet

Whatever our faults as a nation....America does not deserve this plague of scumbags. Disgusting.


5 posted on 07/26/2014 7:46:11 PM PDT by LongWayHome
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To: ClearCase_guy

Obama also said it was flawed in that it dealt in ‘negative liberties.’

Fortunately, via Executive Order it can be subverted and destroyed.


6 posted on 07/26/2014 7:46:56 PM PDT by TigerClaws
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To: Lurkina.n.Learnin

This nation is no longer The United States of America, United has long been diminished. As my tagline says Term limits will only say this country.


7 posted on 07/26/2014 7:48:32 PM PDT by boomop1 (term limits will only save this country.)
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To: 2ndDivisionVet

“At the time the Constitution was written, the economy of the southern states was totally reliant on slave labor.”

Exactly. How would Kennedy propose that the people in the South get their work done and make money without that slave labor?


8 posted on 07/26/2014 7:49:46 PM PDT by Oliviaforever
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To: LongWayHome

I would submit to you that their presence is evidence that America does deserve them; that since the majority of Americans don’t appear to care about their lawless beliefs and behaviors, we are getting just what the majority desires.

Face it, patriots and Constitutionalists are the minority.


9 posted on 07/26/2014 7:54:05 PM PDT by ChildOfThe60s ((If you can remember the 60s.....you weren't really there)
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To: TigerClaws
Obama also said it was flawed in that it dealt in ‘negative liberties.’

Fortunately, via Executive Order it can be subverted and destroyed.

One might also say the Constitution is flawed in the sense that it does not require the opposition party to have a spine or any intestinal fortitude.

10 posted on 07/26/2014 7:54:06 PM PDT by okie01 (The Mainstream Media: Ignorance on parade.)
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To: Oliviaforever

the phone lines werent in yet....so no Illegal Hondurans and Guatemalans were aware of the labor shortage...


11 posted on 07/26/2014 7:55:32 PM PDT by MeshugeMikey ( "Never, never, never give up". Winston Churchill ...)
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To: okie01

This has the ‘negative liberty’ talk from Zero:

http://www.mrconservative.com/2013/06/18984-obama-rants-that-the-constitution-is-a-charter-of-negative-liberties/


12 posted on 07/26/2014 7:56:13 PM PDT by TigerClaws
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To: ClearCase_guy
Last point: If you swear an oath to uphold the Constitution, you need to STFU about your opinions about flawed it is, or was, or whatever. It is what it is -- right, wrong, or indifferent, you uphold it as it is without grousing about how "flawed" it is.

Same applies to POTUS and Congress.

But then again, oaths don't mean much anymore.....

13 posted on 07/26/2014 7:56:59 PM PDT by eeriegeno (<p>)
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To: 2ndDivisionVet

Seems to me that Anthony Kennedy is a flawed justice.


14 posted on 07/26/2014 7:59:04 PM PDT by c-b 1 (Reporting from behind enemy lines, in occupied AZTLAN.)
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To: 2ndDivisionVet

Couldn’t possibly be that Tony is “flawed.”


15 posted on 07/26/2014 8:00:15 PM PDT by E. Pluribus Unum ("The man who damns money obtained it dishonorably; the man who respects it earned it." --Ayn Rand)
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To: Oliviaforever

The 26th was probably not the best idea either, without limiting it to military service.


16 posted on 07/26/2014 8:01:06 PM PDT by UnbelievingScumOnTheOtherSide (HELL, NO! BE UNGOVERNABLE! --- ISLAM DELENDA EST)
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To: ClearCase_guy

Good post!


17 posted on 07/26/2014 8:02:11 PM PDT by rockinqsranch ((Dems, Libs, Socialists, call 'em what you will. They ALL have fairies livin' in their trees.))
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To: ClearCase_guy
Since [Kennedy's] focus seems to be on slavery, wouldn't an intelligent man say that it WAS a flawed document, but we eventually fixed it?

Also, the tired old three-fifths things was a moral attempt to minimize political power from slave-holding states. It was a good thing. It was an attempt to move in a direction that might "fix" the "flawed document".

A wiser assessment than Kennedy's. Without the "thinly veiled language" and the "three-fifths rule", there would've been no Constitution, no United States of America. Would Kennedy have preferred that outcome?

Instead, he should be glad he wasn't there -- but Roger Sherman and Charles Pinckney were!

18 posted on 07/26/2014 8:04:34 PM PDT by okie01 (The Mainstream Media: Ignorance on parade.)
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To: Oliviaforever

“Exactly. How would Kennedy propose that the people in the South get their work done and make money without that slave labor?”

I do not see a /Sarcasm tag, so it appears that you choose an imaginary Utopia over a system that provided the best hope of mankind for over 200 years.

Tell me that I am wrong, and that you are not delusional.


19 posted on 07/26/2014 8:09:54 PM PDT by marktwain (The old media must die for the Republic to live. Long live the new media!)
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To: 2ndDivisionVet
“The Constitution of the United States is a flawed document,” its “thinly veiled language… basically reaffirmed the legality of slavery.” Kennedy was referencing the section of the Constitution in which each slave was defined as three-fifths of a person...

--------

And arrogant elitist like kennedy, ginsberg and breyer think the murder of over 55 million innocent babies should have been in the constitution, so they act like the dictators that obama thinks he is and write mans evil laws into it.

One day, not to far off, these people and others like them with cold , cruel hearts will stand before God and answer to Him.

20 posted on 07/26/2014 8:12:20 PM PDT by Linda Frances (Woe to those who call evil good and good evil, who put darkness for light and light for darkness.)
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To: 2ndDivisionVet

All Kennedys are flawed.


21 posted on 07/26/2014 8:12:41 PM PDT by Paladin2
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To: boomop1

Say what?


22 posted on 07/26/2014 8:14:29 PM PDT by Paladin2
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To: 2ndDivisionVet

Well I guess so since no one obeys the law. What does a little thing like a constitution matter. we are ruled by criminals.


23 posted on 07/26/2014 8:14:52 PM PDT by dalebert
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To: 2ndDivisionVet

The Constitution isn’t flawed because it clearly provides procedures to amend it. But because it’s difficult to amend the constitution, the perpetual know-it-alls who think they know how everyone should live want to be able to change things easily on their personal whim.

And the slavery example is ridiculous because slavery is an example of how the Constitution was properly amended as provided by the founders, and slavery was abolished in the 13th Amendment.


24 posted on 07/26/2014 8:19:08 PM PDT by Will88
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To: 2ndDivisionVet

basically reaffirmed the legality of slavery


What an idiot. The South was punished by those who wrote the Constitution. Since it wanted slaves they couldn’t benefit politically from slavery in their representation in Congress.

I didn’t go to some Ivy League expensive college to know this.


25 posted on 07/26/2014 8:24:15 PM PDT by RginTN
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To: 2ndDivisionVet
At the time the Constitution was written, the economy of the southern states was totally reliant on slave labor.

That's nonsense. Most of us southerners have ancestors who did their own farm work. Only a small perecentage of southerners owned slaves. A complaint of small farmers was that they literally had to "compete against slave labor."

It's true the south would not have joined the US without legal slavery, but the reasons were not that it was "totally reliant on slave labor". Probably just the big money interests and their backers were near totally reliant.

26 posted on 07/26/2014 8:25:41 PM PDT by Will88
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To: 2ndDivisionVet

There is a process for amending it.


27 posted on 07/26/2014 8:29:42 PM PDT by TBP (Obama lies, Granny dies.)
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To: 2ndDivisionVet

[ But he couldn’t resist taking a swipe at the Constitution, noting, “The Constitution of the United States is a flawed document,” its “thinly veiled language… basically reaffirmed the legality of slavery.” Kennedy was referencing the section of the Constitution in which each slave was defined as three-fifths of a person in the estimation of how many congressional delegates each state was allotted. ]

We should have counted them as a WHOLE person and just handed the House of Reps over to the south....

I am sure there would have been slaves sent into the house to represent the slave populations of the frickin south....

Freeking Moron...

http://www.marklevinshow.com/common/page.php?pt=podcasts&id=191&is_corp=0

7/25/14 listen to mark levin tearing down this damned fool!


28 posted on 07/26/2014 8:32:08 PM PDT by GraceG (No, My Initials are not A.B.)
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To: 2ndDivisionVet

It’s incredible the number of justices Republicans have gotten wrong. The Dems never miss on their SCOTUS nominees. Ever.


29 posted on 07/26/2014 8:33:32 PM PDT by WhistlingPastTheGraveyard (The greatest trick the Soviets ever pulled was convincing the world they didn't exist.)
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To: marktwain

There was no need for a sarcasm tag in my post, just as there was no need for a sarcasm tag in the article as it is generally understood, except by Kennedy, that at the time of the drafting of the Constitution, many economies were dependent on slave labor.


30 posted on 07/26/2014 8:37:10 PM PDT by Oliviaforever
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To: 2ndDivisionVet

So it that POTUS NBC requirement, huh.


31 posted on 07/26/2014 8:39:49 PM PDT by bgill
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To: 2ndDivisionVet; All

Other than the Constitution being badly neglected, given the states can amend the Constitution at their pleasure, I don’t see any significant problems with the Constitution other than it is not being taught as the Founding States had intented for it to be understood.


32 posted on 07/26/2014 8:42:33 PM PDT by Amendment10
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To: 2ndDivisionVet

That’s why it includes an amendment process.....


33 posted on 07/26/2014 8:45:21 PM PDT by Intolerant in NJ
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To: 2ndDivisionVet

Kennedy is a senile old bastard, IMHO. What the hell would he know about the Constitution?


34 posted on 07/26/2014 8:45:24 PM PDT by FlingWingFlyer (America is not a refugee camp! It is my home!!!)
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To: 2ndDivisionVet

I wouldn’t call it flawed. In fact it’s perfect. There are means to fix anything that’s later deemed to have been wrong.


35 posted on 07/26/2014 8:47:09 PM PDT by VerySadAmerican (Liberals were raised by women or wimps. And they're all stupid.)
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To: Oliviaforever

Kind of like today, where the DEMS demand illegal immigration where the
immigrants will work for far less money in farm fields, hotels, restaurants,
ect.ect. . What the HELL is the difference today than when they were
considered slaves??? Only NOW they WANT us ALL to be working as
slaves to the government!!!!!


36 posted on 07/26/2014 8:49:00 PM PDT by Kit cat (OBummer must go)
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To: 2ndDivisionVet

This is sheer stupidity. They have lost the forest for the trees. The United States Constitution uniquely for 230 years insured an orderly transition of power; this was virtually unknown in the world at the time and still eludes great swaths of mankind. It takes a stooge not to see the monumental achievement it was for that society to produce that result.


37 posted on 07/26/2014 8:51:54 PM PDT by gusopol3
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To: 2ndDivisionVet

Ninth Circus and he’s the ringmaster. Goof. Thanks Bush.


38 posted on 07/26/2014 8:52:11 PM PDT by 1010RD (First, Do No Harm)
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To: 2ndDivisionVet; All

Drooling Moron Alert!

39 posted on 07/26/2014 8:52:29 PM PDT by skinkinthegrass (The end move in politics is always to pick up a weapon...0'Bathhouse/"Rustler" Reid? d8-)
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To: ChildOfThe60s

But we can dominate the thoughtspace. God’s on our side, no?


40 posted on 07/26/2014 8:53:23 PM PDT by 1010RD (First, Do No Harm)
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To: 1010RD; 2ndDivisionVet

Whoops, Reagan.


41 posted on 07/26/2014 8:57:46 PM PDT by 1010RD (First, Do No Harm)
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To: 2ndDivisionVet
As Michael Savcage calls them, the Ninth Jerkit Wgores and Schlemeils
42 posted on 07/26/2014 8:59:45 PM PDT by Impala64ssa (You call me an islamophobe like it's a bad thing.)
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To: okie01

He’s a Monday Morning Constitutional Quarterback who has over 238 years of evidence before him and he calls the wrong plays despite all that. There are too many constitutional law scholars who don’t get the Constitution.


43 posted on 07/26/2014 9:01:19 PM PDT by 1010RD (First, Do No Harm)
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To: 2ndDivisionVet

If he feels the document to which he swore allegiance is flawed then he should resign immediately.


44 posted on 07/26/2014 9:04:45 PM PDT by Lurker (Violence is rarely the answer. But when it is it is the only answer.)
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To: Will88; 2ndDivisionVet
That's nonsense. Most of us southerners have ancestors who did their own farm work. Only a small perecentage of southerners owned slaves. A complaint of small farmers was that they literally had to "compete against slave labor."

While most farmers in the south did not own slaves, the statement "the economy of the southern states was... reliant on slave labor" is a statement of fact.

Most of the farms in the south wwere engaged in something approaching subsistence agriculture, their surplus production constituting only a small proportion of the entire market for a given commodity.

It was the larger estates and plantations -- who were reliant upon slaves -- who produced the bulk of the trade goods and export commodities. Ergo, they were the linchpins of the "economy".

45 posted on 07/26/2014 9:09:21 PM PDT by okie01 (The Mainstream Media: Ignorance on parade.)
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To: 2ndDivisionVet

He’s a big fan of queer marriage, though our Founders believed homosex to be a vice. That’s why Kennedy hates the Constitution and wants to remold America in his own image.


46 posted on 07/26/2014 9:40:11 PM PDT by Viennacon (Barry Obama? No... Barack Hussein Soebarkah.)
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To: 2ndDivisionVet

It’s getting scary out there


47 posted on 07/26/2014 10:01:42 PM PDT by Nifster
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To: boomop1

Do you mean ‘Only term limits will save this country’ or ?


48 posted on 07/26/2014 10:05:47 PM PDT by steve86 ( Acerbic by nature, not nurture)
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To: LongWayHome

Clearly it does deserve these scumbags.


49 posted on 07/26/2014 10:12:46 PM PDT by arrogantsob
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To: 2ndDivisionVet
The fatal flaw, if it is one, is not in the original framing but in the passing of the 17th amendment.

Given that impeachment is the way to indict a sitting President, conviction in the Senate was the removal with the expectation that the jurors were the representatives of the States.

Remember that the President was supposed to preside over inter-state issues, the common defense, and foreign affairs on behalf of all the states. The parties to the federal government were the states, the federal government to which the states delegated limited powers, and the People who ordained and established the Constitution. Day-to-day governing was to be left to the states.

Prior to the 17th amendment, Senators were beholden to their state legislatures that sent them to Congress. If a state wanted a President removed, it was likely that the Senator would vote for the state's interest.

After the 17th amendment, the Senate became party-based, not state-based. Today, the Senate votes along strict party lines, and a Senator will not vote to remove a President of their own party no matter what their home state wants.

-PJ

50 posted on 07/26/2014 10:19:27 PM PDT by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
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