Posted on 12/22/2013 11:28:54 PM PST by 2ndDivisionVet
This is the key error that runs all over our courts:
“To establish a new fundamental right, the court must determine that the right is ‘deeply rooted in this Nation’s history and tradition’ and ‘implicit in the concept of ordered liberty,”
by this error, that believes that mere “legal argument” held to certain standards, for the formulation of amending the Constitution via the concept of the “living constitution” is sufficient for establishing new “rights” that WE THE PEOPLE, the ONLY legitimate authors of our Constitutions, via our elected reprsentatives, have in fact NOT authored or approved our Constitution to contain.
We need an en masse impeachment of all such subversive judges.
How do they come to exist.
The above desrciption of how they think is very often how they are taught to think in our law schools.
To correct the judge’s error, the judicial thinking on “rights” should be ““To recognize a fundamental right, the court must determine that the right has been placed in the Constitution by acts of the people.”
“deeply rooted in the nation’s history and implicit in the concept of ordered liberty,” and as such is a fundamental right”
deeply rooted in the nation’s histroy?? phooey. the guy is nuts
and even if there was a shred of evidence for “implicit in the concept of ordered Liberty”, it remains up to the people, not the courts, to establish how and to what end a Liberty is recognized in law, or not.
Not according to God!
Is he claiming that since there's been no right to "homosexual marriage" during the nearly-quarter-millenium of this nation's history, we've had neither liberty nor justice prior to this?
IOW he believes the “born that way” myth.
behavior is immutable as skin color or needing a lung.
I wonder about his life.
Time to start closing law schools.
there is no reason for any state run law schools these days.
I hate them too, specially the lyin’ libs
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