“I point to current jurisprudence, which whether we like it or not, is what controls what is and is not Constitutional.”
Much of current jurisprudence is wrong and we all know that from FR. One blatent example is the twisting of the constitution to give us “right to medical privacy between a doctor and patient” which was then further twisted to set up government sanctioned murder.
We have Kelo over riding private property. We have the interstate commerce clause being used for anything and everything. Now we have the confiscation of our physical beings being decided in court and their decision will be a matter of jurisprudence.
That does not make it constitutional. Period.
“It’s faulty logic to ASSUME we know how anyone would react in any situation, and to say historical figure x, y, z would react this way or that in a given situation with today’s parameters is such a nonsensical debate to have..”
Which is why they gave us such a beautiful governing document. They knew we would have to constantly battle despots, and they were hopeful that those giving their consent to be governed would maintain individual liberty with a vengence. Sadly, in that our public has failed them for 80-90 years....
Late to the party. Rush says Newt is a vessel right now. Where are we going with this? Is it truly an option for someone to come into the fray now???? Romney will not get it. Honestly, right now he just seems weak and silly
Again, my response was directly to a comment that stated historical figures would do x, y, or z.
Whether we like the decisions that are made or not (and it started way before Filburn, it started with Marbury), the Supreme Court unfortunately decides and dictates what is and isn’t constitutional (or at least until Marbury is overturned). That is why it is so important to look at who potential judicial nominees will be and why it’s imperative that we ensure that there are as few Kagans and Ginsbergs, Stevens, and Brennans who serve on the Court as possible.
Until the controlling decisions are overturned, however, they still are considered controlling law, regardless of what you or I think about the Constitution, or regardless of what you and I think Madison, Revere, Adams, Washington, Patrick Henry, etc. would do.