The Constitution...Who Cares?

AIPNews.com ^ | April 20, 2010 | David M. Berman

[Jacquerie]

Nobody bats 1000.

The decision was 6-3. Even if Scalia voted constitutionally, Raich would still be law of the land.

I'll take nine Scalias v. nine Ginsbergs any day.

[Ken H]

The decision was 6-3. Even if Scalia voted constitutionally, Raich would still be law of the land.

He ought to drop his claim to being an originalist, or at the very least, modify it.

I'll take nine Scalias v. nine Ginsbergs any day.

That's one heck of an endorsement. The New Deal Commerce Clause would win 9-0 in either case.

[Jacquerie]

That's one heck of an endorsement.

Yes it is. Thanks.

[supercat]

The Constitution was written to be read and understood by ordinary citizens. The bulk of so-called "Constitutional law" is an effort by the Men in Robes to seize power by obfuscating what should be relatively clear.

If courts actually wanted to follow the Constitution, a good start would be acknowledging that many Constitutional issues involve factual matters and as such are matters for a jury to determine in each individual case. If a cop is serving a knock-and-announce warrant, procedures which may be reasonable (and thus legitimate) in one set of circumstances may be unreasonable (and thus illegitimate) in another. Courts have declared that if cops follow a procedure that was "reasonable" in one case, such a procedure is proper in any other case whether or not someone looking at the facts of that case would deem it to, in fact, be "reasonable". If a procedure is at least vaguely like some other procedure that was at least vaguely like something the court had found wasn't totally unreasonable, the court will deem it acceptable. If the matter were simply put to the jury: "Is that reasonable", the answer would be much more in keeping with the Constitution.

[EternalVigilance]

Agreed.

[EternalVigilance]

The New Deal Commerce Clause would win 9-0 in either case.

Sure would.

And, the protection of the God-given, unalienable, individual, right to life - applying the equal protection of the laws to all persons, no matter their stage of development - would lose 9-0 too.

Makes the pleadings of the Republican hacks to support their candidates "because of the judges" ring quite hollow.

[Gilbo_3]

ping to link to last nites 2A vs suitcase nukes thread...

The one problem with a Constitutional Representative Republic is that it depends on men of honor to run it, and citizens of honor to keep it.

[Gilbo_3]

The Constitution was written to be read and understood by ordinary citizens. The bulk of so-called "Constitutional law" is an effort by the Men in Robes to seize power by obfuscating what should be relatively clear.

problem being, most ordinary citizens have been dumbed down to think that its an encyclopedia sized legalese document, and have therefore never bothered to spend an hour reading it...

[Dead Corpse]

You can’t find people like that as readily as you used to.

[rfreedom4u]

Who cares???

I do Dammit!

[Oceander]

Without the Constitution this country is nothing more than a cult of personality.