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EVALUATING STRICT CONSTRUCTIONISTS. How to Judge
The New Republic ^ | November 22, 2004 | Jeffrey Rosen

Posted on 07/03/2005 2:37:02 PM PDT by Torie

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To: Bigun

I am not always as obtuse as I sound, Bigun. :) And as a lawyer, I always have verbal exit strategies. If those don't work, well about once bi-annually, I just admit that I was well, wrong.


41 posted on 07/03/2005 3:50:55 PM PDT by Torie (Constrain rogue state courts; repeal your state constitution)
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To: Torie
An informative, reasonable article written by a liberal. That's a pretty rare thing, although I guess The New Republic has more of a track record for such things than other liberal publications.

I wonder how the writer did his research? In particular, I wonder whether it involved any reading of the judge's decisions. If so, I wonder if he saw some stuff that made some sense to him. I'm wearing out the phrase "I wonder" here, but I also wonder if some moderate liberals might not have been a little rattled by the recent SCOTUS ruling on imminent domain (sp?) -- and might have a tad more appreciation for the strict interpretation practiced by conservative judges.
42 posted on 07/03/2005 3:52:03 PM PDT by Yardstick
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To: Bigun
How many states do you imagine would have "signed on" to the union knowing that they were to become "mere administrative regions"?

Most, it being a question of the big states having more authority than they should and the little states being squeezed out but going along because they have to eventually. Would the borders of the admin regions be adjusted to even out population numbers? That would end up the same as squeezing out the little states, too. Opinion was split at the Constitutional convention just as it is here. The FedGov ended up with either too much power or not enough power depending on the state in question, and we're still right there after all this history.

43 posted on 07/03/2005 3:52:27 PM PDT by RightWhale (withdraw from the 1967 UN Outer Space Treaty)
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To: Torie
BTW, I can think of a situation where the people of a city PAY folks to drive 225 MPH on their streets. The drivers put up barriers, and charge people to watch. The city makes enough money at it that the streets they use are in magnificent shape.

It's called the Long Beach Grand Prix.

44 posted on 07/03/2005 3:53:04 PM PDT by Carry_Okie (There are people in power who are truly evil.)
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To: Torie
Gotta run.

Weeding season isn't over.

45 posted on 07/03/2005 3:54:35 PM PDT by Carry_Okie (There are people in power who are truly evil.)
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To: Carry_Okie

Take care. Post a pic of your beautful "managed" forest again when you get a chance.


46 posted on 07/03/2005 3:55:41 PM PDT by Torie (Constrain rogue state courts; repeal your state constitution)
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To: Yardstick

As I said, the author's focus was on the commerce clause, with a swipe at Garza for venting over Roe as suggesting maybe larger loose cannon concerns (not persuasive since only Roe drove him over the top).


47 posted on 07/03/2005 3:58:20 PM PDT by Torie (Constrain rogue state courts; repeal your state constitution)
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To: RightWhale
Most, it being a question of the big states having more authority than they should and the little states being squeezed out but going along because they have to eventually.

I beg to disagree. That is precisely why the states were given (regardless of size) the exact same representation in the federal government. (Since ratification of the 17th amendment, the states now have NO representation in the federal government.)

The Fed Gov ended up with either too much power or not enough power depending on the state in question, and we're still right there after all this history.

The fed gov has far more power than any of the founders ever intended, most of it unconstitutionally usurped, but that has nothing whatever to do with the physical sizes of the states.

48 posted on 07/03/2005 4:04:28 PM PDT by Bigun (IRS sucks @getridof it.com)
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To: Torie
Thx, but it'll be meadows this year. Meadows can be extraordinarily complex and wildly varied up here. They're also a bitch to restore and maintain as native systems.
49 posted on 07/03/2005 4:05:19 PM PDT by Carry_Okie (The environment is too complex and too important to be managed by central planning.)
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To: Bigun
That is precisely why the states were given (regardless of size) the exact same representation in the federal government

Only in the Second House and in the Electoral College. Some big names were willing to consider eliminating the states altogether, although the majority were not interested in that.

50 posted on 07/03/2005 4:08:26 PM PDT by RightWhale (withdraw from the 1967 UN Outer Space Treaty)
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To: RightWhale
Some big names were willing to consider eliminating the states altogether, although the majority were not interested in that.

Some "big names" would have heartily endorsed the naming of a king! I thanks God for the sensible majority!

51 posted on 07/03/2005 4:12:05 PM PDT by Bigun (IRS sucks @getridof it.com)
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To: Torie

You're right, he's focusing on the commerce clause. This seems like an odd focus since it's going to be abortion that drives the liberals' position on the nominees. I wonder if Rosen plans on doing another article focused on the judges' paper trails regarding abortion.


52 posted on 07/03/2005 4:13:09 PM PDT by Yardstick
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To: Torie
Well let us say the Feds can't regulate speed limits. More folks are maimed and die.

Wait a minute, you're missing a step in logic. If the feds stop regulating speed limits, who's to say that the states won't start? In fact, haven't they already started?

One state legalizies pot. Then we need drug guards on state borders.

Not at all. One state legalizing pot should help the states that don't, because all the druggies will move to the state where it's legal.

53 posted on 07/03/2005 4:32:46 PM PDT by inquest (FTAA delenda est)
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To: inquest

The point is that there is a federal interest in what states do, 24/7. Think about gay marriage. There is a federal interest in that too. It simply won't be sustainable to have legalized gay marriage in some states, and not others. You just watch.


54 posted on 07/03/2005 4:36:02 PM PDT by Torie (Constrain rogue state courts; repeal your state constitution)
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To: Torie

The Democrats will try to prevent the appointment of any of these people. Sometimes I think the Dems are trying to refine the practice of stalling confirmation, with the ultimate objective of preventing GWB from making ANY appointments to the Court. If they can run out the clock in 3 and a half years, that's what they'll do.
Whomever the President announces as his first selection, the headlines are sure to call it a "major blunder," and it'll go from there to a protracted battle. Poor Justice O'Connor will have to stay on, as she stated she would until her successor is confirmed. Big bad W will be blamed for preventing her from caring for her ailing husband. The Chief Justice will retire in the meantime and the Mud Sling Media will call it a national crisis brought about by the stubborn, divisive George W. Bush.
Oh, and Jimmy Carter will put in his two cents before it's over, and so will the Toon. And those members of the super-elite True Presidents Club, John Eff Kerry and Al Gore.
Looks to be a bumpy hayride, kiddies. You must be thirty-six dukakises tall to board this ride...


55 posted on 07/03/2005 4:37:13 PM PDT by Graymatter
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To: Torie
It simply won't be sustainable to have legalized gay marriage in some states, and not others.

That ultimately depends on what SCOTUS rules. If it rules (correctly) that states do not have to recognize same-sex "marriage" from other states, then it would be sustainable. As sustainable as having that policy in one country but not in another.

56 posted on 07/03/2005 4:48:12 PM PDT by inquest (FTAA delenda est)
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To: Torie
Bush has made no secret of his desire to appoint the first Latino justice

How is this not grounds for a discrimination suit? How is this different that the U/Michegan case? Come to think of it, didn't Alberto defend quotas in that case?

57 posted on 07/03/2005 5:36:14 PM PDT by Huck (Conservatism jumped the shark with GWB.)
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To: Torie

A wonderful feast of commerce clause pruning powerhouses. Let's appoint three!


58 posted on 07/03/2005 5:36:29 PM PDT by Haru Hara Haruko
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To: inquest

Too bad for Janice she's the wrong minority. Word is Jorge will be discriminating against non-Hispanics this time around.


59 posted on 07/03/2005 5:37:17 PM PDT by Huck (Conservatism jumped the shark with GWB.)
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To: Torie

You have it completely backwards. The states created the federal government. The states can tell the Federal government to stick it up its ass. The commerce clause was never intended to change that.

Unless, of course, you are a "conservative" FDR worshipper.


60 posted on 07/03/2005 5:39:25 PM PDT by Haru Hara Haruko
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