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Judicial activism by conservatives
The Los Angeles Times ^ | June 27, 2008 | Erwin Chemerinsky

Posted on 06/26/2008 8:44:48 PM PDT by Baron OBeef Dip

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To: Baron OBeef Dip

WAAAAAAAAAAAAH!!!! WAAAAAAAAAAAAAAAAAAH!!!! WAAAAAAAAHHH!!!

Remember the adult-speak in the “Charlie Brown” cartoons???

That’s all I hear...


41 posted on 06/26/2008 9:27:22 PM PDT by NFHale (The Second Amendment - By any means necessary.)
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To: Baron OBeef Dip

Chemerinsky is one of the biggest left-wing activists in the legal community. He’s what Obama would oppoint to SCOTUS.


42 posted on 06/26/2008 9:28:59 PM PDT by Darren McCarty (Just when I thought I was out, they pull me back in - Michael Corleone)
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To: Baron OBeef Dip
Liberals cannot read English. For some time I have been beating people over the head with “keep it simple stupid”. The language in the Constitution can and is to be read just like language in a contract. Words have definitions. Sentences have structure. When you are dealing with those whom had respect for the language and the laws that govern its use, you can always determine exactly what they intended by READING WHAT IS WRITTEN. It helps also when you read it in context with the rest of the document.

To properly articulate and defend what is stated in the 2nd, 1st, or any other portion of the Constitution, you simply DIAGRAM THE SENTENCE. The words that were used and the way they were used frame the definition of what was meant.

This is why liberals must go about redefining and go about in other ways altering the meaning and usage of words. They do it so that they can then manipulate the minds of people to their point of view. Words form the basis of thought so when you move the meanings of words and their usage, you alter thought.

Either the words in the 2nd mean exactly what they mean when they are defined and used according the rules of the English language, or words are completely of no value for use as a means of communication. EITHER ONE OR THE OTHER.

Liberals can't read when it suits their purpose.

43 posted on 06/26/2008 9:36:51 PM PDT by PRO 1 (POX on posters who's political bent causes them to refuse to be confused by the FACTS!!!!!!)
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To: Baron OBeef Dip

More proof that liberalism is a mental disorder.Where is the barfbarf alert?


44 posted on 06/26/2008 9:37:33 PM PDT by HANG THE EXPENSE (Defeat liberalism, its the right thing to do for America.)
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To: Baron OBeef Dip

How does upholding the Second Amendment qualify as “activism?”


45 posted on 06/26/2008 9:45:06 PM PDT by LiteKeeper (Beware the secularization of America; the Islamization of Eurabia)
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To: Darren McCarty

I wouldn’t be surprised at all if he was on Obama’s short list for Federal court nominees.

What’s worse is the man is the author of the most popular Constitutional Law hornbook in the country. That’s a whole lot of influence over a whole generation of future lawyers.


46 posted on 06/26/2008 9:46:14 PM PDT by The Pack Knight (Duty, Honor, Country)
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To: SoCal Pubbie

“Judicial Activism”? I couldn’t stop laughing when I heard this on the news. Guess it just matters whose ox is gored, eh? This guy must have the IQ of a radish.


47 posted on 06/26/2008 9:49:01 PM PDT by pankot
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To: Baron OBeef Dip

Erwin’s a liberal imbecile, but there are lots and lots of them around; look for much more of this sort of hand-wringing over today’s SCOTUS second amendment ruling in the weeks ahead.


48 posted on 06/26/2008 9:57:50 PM PDT by Jack Hammer (here)
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To: Baron OBeef Dip

Cognitive Dissonance.


49 posted on 06/26/2008 10:39:22 PM PDT by I got the rope
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To: Baron OBeef Dip

What an asshat (pardon me) this Ewrin Chemical(sp?) is-How is upholding the 2ND AMENDMENT “judicial activism”..what a flippin ignorant (useless) idiot!


50 posted on 06/26/2008 10:52:37 PM PDT by JSDude1 (It;s only a protest vote if your political worldview is Republican 1st, conservative 2nd-pissant)
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To: Baron OBeef Dip
Never before had the Supreme Court found that the 2nd Amendment bestows on individuals a right to have guns. In fact, in 1939 (and other occasions), the court rejected this view

That's a flat out lie. The Miller decision said no such thing, and if the writer doesn't know that he's too ignorant to be writing the piece and if he does know it he's a liar.

In the 1939 Miller decision simply held that in view of no evidence having been presented that Miller's sawed off shotgun had some utility as a militia weapon Miller did not have a constitutionally protected right to possess it. Obviously the 1939 court believed that the 2nd only applies to arms that are in common use by military organizations. But it did NOT say that a civilian has no Constitutional right to keep and bear arms, just that the weapon kept and borne must be one that is in common military usage. The perfectly clear implication of the decision was that had the shotgun been shown to be a weapon in common usage by the military Miller's possession of it would have been constitutionally protected.

51 posted on 06/26/2008 10:53:05 PM PDT by epow (The question is not "Is God on America's side." but "Is America on God's side?")
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To: 2ndDivisionVet
when deferring to popularly elected legislatures

The Supreme Court only defers to the legislature when they stay within the boundaries of the constitution.

52 posted on 06/26/2008 10:56:43 PM PDT by oldbrowser (It's not an energy crisis, it's a worthless politicians crisis.)
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To: Baron OBeef Dip
Interesting. Liberals have no problems with the courts striking laws approved by the voters but they're outraged when the courts strike down laws written by politicians. And they have the chutzpah to denounce "judicial activism." Pot meet kettle.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

53 posted on 06/26/2008 11:07:35 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: Billthedrill
How upholding a right that exists in the Constitution is the same as making one up, is "judicial activism" is laughable. There's no mention of same sex marriage in the California Constitution or abortion in the federal document. I don't see Erwin Chmerinsky ever get exercised about the breathtaking acts of judicial activism on display in those cases. But he blows his top when the U.S Supreme Court upholds the Second Amendment. If liberals think its outdated, they have a right to get it repealed. But they have no right to seek its nullification through judicial fiat.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

54 posted on 06/26/2008 11:13:45 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: AmericanExceptionalist
First, Chemerinsky should know that the courts never deferred to the voters on abortion or here in my state of Colorado on special rights for homosexuals. Its brushed them aside as irrelevant. If liberals had respected judicial restraint, they would have strong ground to demand existing laws and precedent be adhered to. But that's not what they do themselves when they go to court so its just hypocritical of them to attribute similar behavior to conservatives. So there!

Second, the U.S Supreme Court never ruled in 1939 on what rights the Second Amendment affords to Americans. It addressed the question in Heller. As I said, if liberals don't like the traditional understanding of the Second Amendment as an individual right, they can have Congress try to repeal it. But its repugnant as well as dishonest of them to have the courts take away by fiat a right the Constitution recognizes Americans already have. They should deal with the fallout of Heller instead of running around like a bunch of brats screaming they don't like it. Well, we conservatives don't like like liberal judicial activism!

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

55 posted on 06/26/2008 11:23:58 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: Baron OBeef Dip

Chemerinsky doesn’t make this stupid argument because he’s stupid. He makes this stupid argument, because he thinks that we’re stupid. Chemerinsky knows what he’s doing, he is not stupid, he is evil. As are the Clintons. As for Obama, I’ll give him the benefit of the doubt, he’s stupid and evil.


56 posted on 06/26/2008 11:31:31 PM PDT by Ratblaster ( Obama's house, Rezko's yard)
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To: Technogeeb

Perfect. That’s that case in a nutshell. Best explaination of Miller I have read.

Thanks


57 posted on 06/26/2008 11:37:28 PM PDT by waxer1 (What exactly is meant by "we are going to take our country back")
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To: kingu
Maybe the dim libs read it as only meaning “militias” such as the one to which Timothy McVeigh belonged? There are LOTS of kinds of militias. /sarcasm

One of the most important portions of the legal argument was concerning the framers’ intent. Their “intent” is supported by all kinds of documentation written by the likes of Jefferson. Even if the amendment itself is nebulous or ambiguous, there is certainly nothing “ambiguous” about the intent of Jefferson's other writing on the subject!

This ass is just another sore loser, working his butt off, trying to find parity between activist and strict constructionist judges. Keep looking, fella, you've not found it yet.

58 posted on 06/26/2008 11:38:37 PM PDT by singfreedom
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To: John Leland 1789

I think you are absolutely correct. The armed citizenry were to be our defense. Any group of loosely organized citizens were considered a militia, as opposed to an army. Remember, our European forefathers were afraid of the organized standing armies found in Europe.


59 posted on 06/26/2008 11:53:08 PM PDT by singfreedom
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To: Ancesthntr
I bet this butt thinks it is perfectly alright that the Supremes struck down the law, in several different states, that allowed them to execute those convicted of raping a child under the age of twelve.

Those laws were passed legitimately by the elected officials of those states, too. And those were STATE laws, not mere city statutes.

60 posted on 06/27/2008 12:13:08 AM PDT by singfreedom
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