The only consistent way to interpret American law is to stick to the original meaning of the Constitution, Scalia said.
"We have no authority to look around and say `Wow, things have changed,'" he said.
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To: NormsRevenge
Exactly where the hell is it in the US Constitution where it is defined that foriegn laws should be considered in interpreting the US Constitution? This is absolutely crazy!
3 posted on
04/02/2004 9:52:23 PM PST by
Mad_Tom_Rackham
(Any day you wake up is a good day.)
To: NormsRevenge
"It is my view that modern foreign legal material can never be relevant to any interpretation of, that is to say, to the meaning of the U.S. Constitution," Scalia told the group. Gosh, how in Heaven's name can we get more Scalias on to the court past the obstructionist Dems?
To: NormsRevenge
I agree with Justice Scalia overall, but I can see two situations in which foreign law might be relevant: First, in the case of a law passed with express consideration of foreign trade or other foreign law. This will most likely be a statute, since our Constitution has not been recently amended, but a treaty rises to the level of the supreme law of the land, if duly ratified.
The second case is a negative. Our Founding Fathers took great care to distinguish our country from Europe and not to follow in Europe's erroneous footsteps. Thus, one could argue that if the Euros have a tradition of doing something, the presumption is that we should not follow it. (I am here distinguishing contintental Europe from England, which gave us our common law traditions.) The prime example, of course, is the Second Amendment, which was adopted with the recognition that European governments had histories of forbidding arms to their citizens.
Cousin Vinnie
To: NormsRevenge
The only consistent way to interpret American law is to stick to the original meaning of the Constitution, Scalia said.
Scalia is dead on.
8 posted on
04/02/2004 10:24:38 PM PST by
GeronL
(Hey, I am on the internet. I have a right (cough, cough) to write stupid things.)
To: NormsRevenge
From Article VI
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
9 posted on
04/02/2004 10:27:59 PM PST by
Ken H
To: NormsRevenge
Article III
Section 1. The judicial power of the United States, shall be vested in one Supreme Court........
..........
about this, what do people not understand?
To: NormsRevenge
All blackrobes owe their career existance especially lawful authority over anyone solely to our Law of OUR Land, our RATIFIED Constitution. Those who choose to rule us with agenda motivated fiat by assault gavel beyond lawful basis are troublesome outlaws acting under color of law, official misconduct, the lack of "good behavior", their Constitutionally determined term of office.
No blackrobe in SCOTUS or inferiors, Congress, or president has any lawful authority to disregard or violate our ratified Constitution. The blackrobes' creative debating clubs seem to enjoy talking about how dominating their contrivances can be, but they tread on thin ice AND We the People and the several states as they rule our Ratified Constitution does not mean what it says it means. They reintrepret our "living" Constitution - derad on arrival because our ratified Constitrution means what it says. Federal blackrobes citing foreign law and social trends to nullify our Ratified Constitution is IMO sedition if not treason, not "good behavior" required in their temporary employment. Terms for life is jusy another contrived dogma created by the blackrobes for the blackrobes.
Socialists and the Beltway fascists believe that nullifying the only Law of OUR Land is self-rewarding. It has been for 70 years. FDR's commie motivated federalists were at war with their Constitutional constraints. One of their first acts was to register and limit through taxation some "arms" long affirmed by our 2nd Amendment. The elected conservatives have betrayed our Constitutional Reublic as career moves. Millions of us mere citizens have sworn to defend our (ratified) Constitution against all enemies foreign and domestic; our enemies seem ever more eager to be enemies of our ratified Constitution to enhance their own political powers of the State over mere citizens.
That includes blackrobes who are actively and passively bastardizing and for 40 critical years nullifying clauses and Amendments which they find inconvenient and block their concentration of power over us. Unrestrained police powers and social engineering in flagrant violation of our ratified Constitution is as common as it is unlawful.
The Court contrived dogma of "Compelling State interests" protected by "sovereign immunity" can never be lawful bases to violate our ratified Constitution because that fiat approach is suspension of our Constitution one step at a time, the slow boil. Neither "Compelling State interests" nor "sovereign immunity" is granted our federal government in our ratified Constitution, these and many other "doctrines" undermining our Constitution are constructs of our Judicial branch, also existing solely because of our ratified Constitution. I see these dogmas as cancerous Marbury v Madison power usurpations by a borged seat of absolutist POWER for the government, of the government, and by the government, dismissing the only bilateral social contract which allows them any lawful authority at all.
Over 70 years, our rulers' unConstitutional executive orders and statutes with supportive and dogmatic Rulings must be understood to be darings and declarations of war against our Constitutional Republic. Government unrestrained by the very legal document which created it is not our republican government. A SCOTUS blackrobe said some 60 y.o. that our Constitution is not a suicide pact, however - WHY are these officious blackrobes allowed to kill it one RULING after another?
Scalia of all people should realize that his 8 colleagues and their inferiors too often act without basis in our law assaulting We the People. To name but a very few: O'Conner wrote that our 14th's "equal protection" is to be suspended for at least another 20 years, two generations of unConstitutional "affirmative action", aka reverse racist discrimination, for a social payback. The 9th Circuit is in open rebellion with our ratified Constitution. The 5th Circuit has just ruled that police do not need search warrants to storm into homes 'if they feel that they may be at risk', = 4th's limits to the police state means nothing under the Rule of these assault gavels. Our 5th's "takings" protection has been nullified by Rehnquist's SCOTUS allowing "asset forfeiture" enriching cops - 'cops' theft by accusation, so sue me' - and condemnation of private property to force a sale, below the price at which the condemned would be willing, to the jurisdiction's preferred private enterprise interests: that is fascsim, corrupt socialism with the jurisdiction disrupting lawful owners' lives in order to take a cut of the action in cash through taxes - a favored few are more equal than mere citizens. Campaign Finance Reform has been passed by Congress, sign by G.W. Bush, and then ruled by SCOTUS mocking and nullify our unalienable free political speech affirmed in our 1st Article of our Bill of Rights. The 9th and 10th were ruled to mean nothing to federals long ago. Our 2nd is targetted, but that is known to be explosive for all because too many millions of citizens know what our 2nd means, not willing to accept a "living" reinterpretation favoring the police powers of the State.
We citizens exercise our rights granted by God, only affirmed by our ratified Constitution's Bill of Rights et al. The lawful powers of our federal government are limited and specified by our Ratified Constitution, only by the consent of We the People and through our several states. We know our enemies and they shall fear tens of millions of us as we can eventually hold them to their temporary limited powers as determined in our RATIFIED Constitution, the SUPREME Law of OUR Land.
No SCOTUS Ruling, Act of Congress, or presidential Executive Order is lawful when it conflicts with or undermines our RATIFIED Constitution. Those people who so rule are enemies of our Constitution and We the People.
Even in this dangerous and sorrowful time of permanent islamist koran commanded war crimes Terror War, FLEOs, our active military with reserves, et al. must soon decide if they are to honor their own sworn oaths of office to protect our (ratified) Constitutiuon or if they are simply cashing pay checks enjoying authority with the above the law status shielded by "soveriegn immunity" as neo-pretorians protecting career rogue Beltway outlaws such as Bill and Hillary Clinton and their nomenclatura and coprophage Clintonazi apparatchiks in and out of government, blackrobes: all acting under color of law, the worst kind of official misconduct.
IMHO, this Constitutional Republic cannot long withstand the institutionalized criminally corrupt intentions of those Hellbent to be kings inside our halls of power. Without our ratified Constitution in effect, they are but bullies and tyrants.
16 posted on
04/03/2004 12:51:23 AM PST by
SevenDaysInMay
(Federal judges and justices serve for periods of good behavior, not life. Article III sec. 1)
To: NormsRevenge
The only way to get the Supreme Court back on track defending American values is to eliminate the DemocRAT Enemy Within America.
Do your part.
Ridicule and destroy the Socialists at every opportunity.
They have turned their backs on America - show them the back of your hand.
18 posted on
04/03/2004 5:48:44 AM PST by
Enduring Freedom
(Warrior Freepers Rule The Earth)
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