Keyword: livingconstitution

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  • Judicial Interpretation of Constitutional Provisions

    06/06/2016 9:26:05 AM PDT · by ProgressingAmerica · 6 replies
    Academy of Political Science | October 26, 1912 | Frank Johnson Goodnow
    Judicial Interpretation of Constitutional ProvisionsBy Frank Johnson Goodnow, October 26, 1912 WHEN the constitution of the United States was adopted at the end of the eighteenth century, the conditions to which it was intended to apply were marked by three distinguishing characteristics. The first was geographical in its nature; the second was economic; the third intellectual. In the first place, the United States for which the constitution was framed, consisted of a series of communities, lying along the Atlantic seaboard of North America, largely engaged in agricultural pursuits and occupying sparsely populated districts which as compared with their population were...
  • Liberal Supreme Court Justice Talks Candidly about Rewriting the Constitution

    04/29/2014 5:26:21 AM PDT · by Kaslin · 27 replies ^ | April 29, 2014 | KenBlackwell
    Editor's Note: Column was coauthored by Ken Klukowski. Justice John Paul Stevens doesn’t believe anyone has the right to own a gun, and admits that you would need to rewrite the Constitution to make his preference a legal reality. And that’s exactly what he thinks should happen. Throughout his 35-year tenure on the Supreme Court, Justice Stevens was a lion of the Legal Left. He was an unapologetic advocate of the “Living Constitution”— that judges should continually reinterpret the words of the Constitution in accordance with what they, and other elite members of society, decide is the evolving enlightenment of...
  • Liberals Understand The Constitution Like Justin Bieber Understands Particle Physics

    04/28/2014 4:28:13 AM PDT · by Kaslin · 28 replies ^ | April 28, 2014 | Kurt Schlichter
    Based upon Justice Sotomayor’s bizarre dissenting opinion in the recent Michigan affirmative action case, it seems she believes that government decisions made on the basis of race, something the Constitution expressly bars, are mandatory. Someone has been emanating her penumbras because, to use the legal term of art, that’s Constitutional Crazy Talk. Years ago, the liberals came up with the Political Process Doctrine. It’s the idea that if some small element of a state or local government – like a city council or a university board – is implementing policies liberals like, the people can’t use the ballot box to...
  • Soaping The Slippery Slope (who perverted our Universities)

    09/08/2012 11:44:42 AM PDT · by Broker · 9 replies
    World Magazine ^ | Aug. 25, 2010 | Marvin Olasky
    What happened to so many once-Christian colleges in the United States? Two fine books describe the decline. George Marsden's 462-page The Soul of the American University shows how once-Protestant universities became secular look-alikes. James Burtchaell's The Dying of the Light: The Disengagement of Colleges and Universities from Their Christian Churches uses 868 pages to show not only how schools moved from liberal theism to secularism but how, before that, they moved from theologically conservative to liberal I'll try to give the high points of 1,330 pages in fewer than 1,330 words: Three central messages are (1) Follow the money, (2)...
  • If We Could Bottle Up Liberal Philosophy On The Constitution...

    06/26/2012 4:08:23 PM PDT · by The Looking Spoon · 2 replies
    The Looking Spoon ^ | The Looking Spoon
  • Constitutional CPR [ The Constitution, Living or Dead? ]

    09/16/2010 9:38:35 PM PDT · by fight_truth_decay · 7 replies
    Bangor Daily News ^ | 9/16/10 | Editor
    Alive or dead? Today, the 213th anniversary of the United States Constitution, that question looms large. This is especially so as the document is wielded like a sword, cleaving libertarian from progressive philosophies. Understanding the nature of the Constitution — neither underestimating its genius nor overstating its authority as inerrant — is critical. Supreme Court Justice Antonin Scalia once said, “The Constitution that I interpret and apply is not living, but dead.” That view has been embraced by many in the tea party movement. These opponents of President Barack Obama’s agend, who thrust the federal government into many areas of...
  • Who's Your Daddies? Part 1

    05/11/2010 6:18:55 AM PDT · by Brittany Pounders · 18 replies · 528+ views ^ | May 11, 2010 | Brittany Pounders
    I have a big problem. It shadows me daily and I think I might need help. It seems that I can’t ever walk away from a debate, specifically on a political issue that I believe strongly in… and those are numerous. One debate that particularly continues to get under my skin happens when a liberal gets backed into the corner and is forced to confront his belief against the Constitution and all that it covers and he immediately reverts to the old line, “Well, the Constitution is a living document and is meant to grow with the times.” Yet, I’ve...
  • Another Radical Judge

    11/10/2009 5:48:58 PM PST · by Kaslin · 6 replies · 909+ views ^ | November 10, 2009
    Federal Bench: Yet another judicial nominee seeks to impose the "empathy" standard on the courts. He thinks judges should base rulings on a plaintiff's status, legislate from the bench and amend the Constitution. Indiana federal judge David Hamilton stands poised to be confirmed by the U.S. Senate to assume a seat on the 7th Circuit Court of Appeals serving Illinois, Indiana and Wisconsin. He's a former fundraiser for Acorn and a former leader of the Indiana chapter of the American Civil Liberties Union. He is also another in a series of activist judges who believe the U.S. Constitution is not...
  • Edward Chen: Son Of Sotomayor

    10/29/2009 5:18:11 PM PDT · by Kaslin · 6 replies · 494+ views ^ | October 29, 2009 | INVESTORS BUSINESS DAILY Staff
    Judiciary: The nominee for a California federal district court is an ACLU activist and another advocate for the empathy standard of jurisprudence. He also has a problem with "America the Beautiful." The nomination of Edward Chen is the latest in a series of nominations of people who have no particular fondness for the traditions of law and justice. These nominees see racism everywhere, and believe the courts should be used as instruments of social justice and not to discern the intent of the Founding Fathers who wrote the U.S. Constitution. They believe their "life experience" should be the final arbiter...
  • Warden Pelosi

    11/09/2009 5:16:23 PM PST · by Kaslin · 20 replies · 1,655+ views ^ | November 9, 2009
    Health Care Reform: Failure to buy health insurance in the just-passed health care bill could get you five years in jail with a $250,000 fine. How can violating a law that's unconstitutional be a felony? The passage last Saturday night of the House health care measure by a fragile 220-215 margin may well prove to be a Pyrrhic victory. In polls, townhall meetings and tea parties, Americans have shown they don't want a "reform" that costs a staggering $1.2 trillion yet fails to meet the left's desire of insuring all the uninsured. And they certainly don't want a bill that...
  • (Steny Hoyer and Dems) Shred The Constitution

    10/22/2009 8:32:14 PM PDT · by raptor22 · 30 replies · 2,255+ views
    Investor's Business Daily ^ | October, 23, 2009 | IBD Editorial Staff
    Health Reform: House Majority Leader Steny Hoyer says it's constitutional to mandate insurance coverage. Congress, he insists, has "broad authority" to make us buy things to provide for the "general welfare." Democrats' Alice In Wonderland interpretation of what they consider to be a "living Constitution," where words mean what they say they mean based on political considerations, gets more bizarre by the minute. (snip) We've been down this road before. In 1994, Hillary Clinton's secretive health care task force was trying to nationalize health care. "A mandate requiring all individuals to purchase health insurance would be an unprecedented form of...
  • Is Health Care Reform Constitutional?

    09/16/2009 5:56:58 PM PDT · by Kaslin · 15 replies · 1,566+ views
    IBD Editorials ^ | September 16, 2009 | INVESTORS BUSINESS DAILY Staff
    Federal Powers: Where in the U.S. Constitution does it say the government can force people to buy health insurance? And by what authority does it prohibit the purchasing of insurance across state lines?A key part of the administration's plan to reform health care is what is called the "individual mandate" — a requirement that everyone must have health insurance either through his or her employer or purchased individually. A good chunk of the uninsured are that way of their own volition. They are young and healthy and feel they have better things to do with their money at this point...
  • Bedrock of the Constitution

    02/25/2009 12:20:09 AM PST · by parousia · 4 replies · 457+ views
    New American ^ | October 30, 2008 | Edwin Vieira, Jr.
    Understanding how the Constitution was based on the Declaration of Independence provides the knowledge needed to defend our God-given rights. Would any reasonably prudent businessman sign a proposed contract involving a large-scale venture to be conducted over many years, if the other party admitted that most of the contract's terms were undefined, that some terms were so vague as to be undefinable, and that in the future he intended to interpret all of the contract's provisions in whatever matter might suit his own purposes at that time? Obviously not. Yet this is precisely the theory of "the living Constitution" that...
  • Life, Liberty and the Pursuit of Horses

    01/24/2007 6:51:22 PM PST · by neverdem · 20 replies · 590+ views
    American Thinker ^ | January 23, 2007 | Seth Cooper
    Sooner or later the Living Constitution will meet bestiality. The sex-with-animals crowd as alternative lifestyle is on display in a film which just premiered at the Sundance Festival. The "internet-based zoophile community" portrayed in the film is not sensationalized or condemned according to the account Kenneth Turan of the Los Angeles Times. I have not seen the movie, but I have seen modern jurisprudence, which is beginning to show preliminary signs of extending its embrace of relativism to interspecies sex. In 2005, a Seattle man died in a sex incident with a stallion, and press coverage called the subject to...
  • Prisoners on floor mattresses violates constitution (LA)

    03/14/2006 10:53:47 AM PST · by NativeNewYorker · 41 replies · 650+ views
    upi via email no link | 3/14/6
    LOS ANGELES, March 14 (UPI) -- Los Angeles County faces tens of millions of dollars in damages for bedding thousands of prisoners on mattresses on concrete floors. The practice violates the Constitution and is symptomatic of serious problems in the crowded, riot-torn jail system, a federal judge tentatively ruled Monday. U.S. District Court Judge Dean D. Pregerson gave lawyers for the county, and Stephen Yagman -- representing the class of floor-sleeping inmates he estimated at up to 300,000 -- time to make additional arguments before a final ruling. Roger Granbo, assistant county counsel, pointed out the case "is still pending."...
  • Scalia jeers fans of 'living' charter

    02/15/2006 7:37:53 AM PST · by neverdem · 37 replies · 1,350+ views
    The Washington Times ^ | February 15, 2006 | NA
        PONCE, Puerto Rico (AP) -- People who think the Constitution would break if it didn't change with society are "idiots," U.S. Supreme Court Justice Antonin Scalia says.     In a speech Monday sponsored by the conservative Federalist Society, Justice Scalia defended his long-held belief in sticking to the plain text of the Constitution "as it was originally written and intended."     "Scalia does have a philosophy; it's called originalism. That's what prevents him from doing the things he would like to do," Justice Scalia told more than 100 politicians and lawyers from this U.S. island territory.     He said that, according to his...
  • Scalia Says Opponents Are 'Idiots'

    02/14/2006 7:12:53 AM PST · by Sub-Driver · 88 replies · 2,644+ views
    Scalia Says Opponents Are 'Idiots' By JONATHAN EWING, Associated Press Writer 10 minutes ago People who believe the Constitution would break if it didn't change with society are "idiots," U.S. Supreme Court Justice Antonin Scalia says. In a speech Monday sponsored by the conservative Federalist Society, Scalia defended his long-held belief in sticking to the plain text of the Constitution "as it was originally written and intended." "Scalia does have a philosophy, it's called originalism," he said. "That's what prevents him from doing the things he would like to do," he told more than 100 politicians and lawyers from this...
  • Enforcing a “mood”

    02/07/2006 11:43:35 PM PST · by LibertarianInExile · 9 replies · 634+ views
    The New Criterion ^ | 2/1/2006 | Robert Bork
    It ought to be a major intellectual event in constitutional law when a Justice of the Supreme Court comes forward publicly to explain his theory of judging. Explanation is needed, for by now nobody familiar with the work of the Court believes it confines its rulings to the principles of the historic Constitution. There have always been instances when the Court voted its sympathies rather than anything resembling the Constitution, but over the last half century the divergence between the document and the decisions has sharply increased. Indeed, the criticism that the Court routinely departs from the Constitution’s principles, as...
  • How Leftists Legal Educators Distort the Meaning of An Originalist - Calling Mark Levin (Vanity)

    09/22/2005 6:12:30 PM PDT · by Wuli · 19 replies · 1,009+ views
    September 22, 2005 | wuli
    I was listening to Mark Levin's show tonite, on the drive home. He had a liberal lawyer (Ari was his name) that wanted to debate the constitution with Mark. He (Ari) started with the issue of the "3/5ths of a person "(only Ari did not have the ratio correct) that was orginally used for counting slaves, for the population census used for apportioning seats in Congress. Mark had an idea where he was headed and cut him off, asking him if he knew why the 3/5ths was used - which Ari didn't. As Mark explained to everyone, the 3/5ths was...
  • From Hegel to Wilson to Breyer (Liberal constitutional theory returns to its foreign roots)

    09/20/2005 4:24:04 PM PDT · by RWR8189 · 5 replies · 791+ views
    The Weekly Standard ^ | September 20, 2005 | Paul Mirengoff & Scott Johnson
    GEORG HEGEL was a German philosopher of the early 19th century. Hegel believed that history unfolds through a "dialectical" process, in which each stage is the product of the contradictions inherent in the ideas that defined the preceding one. Within these tensions and contradictions, Hegel believed, the philosopher can discern a comprehensive, evolving, rational unity. He called that unity "the absolute idea." History consists of an inevitable and progressive march to that idea.Until recently it appeared that Marxism (which borrowed Hegel's dialectic but replaced "ideas" with economic systems and classes--hence "dialectical materialism") would represent Hegel's most enduring contribution to the...
  • John Roberts: A Supreme Property Rights Disaster In The MakingMore Kelo on the SCOTUS horizon?...

    08/19/2005 8:41:48 PM PDT · by FReethesheeples · 139 replies · 3,598+ views
    A Supreme Property Rights Disaster In The Making More Kelo on the SCOTUS horizon?... [James S. Burling] 8/15/05 After a term marked by the Supreme Court’s utter contempt for property rights, those of us who happen to think there is something special about allowing old widows to keep their homes were not prepared for an even more bitter defeat. Yet, that is what President Bush handed us with the nomination of John Roberts. The battle over property rights is not a conservative versus liberal thing. It’s more a struggle between those who believe in the power of the state to...
  • The 'Orwellian Dialectic'

    07/07/2005 11:59:10 AM PDT · by Manic_Episode · 3 replies · 389+ views
    The Omega letter Intelligence Digest ^ | Wednesday, July 06, 2005 | Jack Kinsella
    We recently examined the inexplicable rulings of the Supreme Court in its last session that turned the 2nd, 4th, 5th and 10th Amendments upside down under the principle that the Constitution is a 'living document' and therefore subject to being tortured until it said what the majority of the Court wanted it to say. I opined at the time that, at long last, the Constitution had been tortured 'to death.' That really isn't a problem, since it was always intended to be a dead instrument. The principle of a 'living constitution' is that, as a 'living' document, it is capable...
  • Tale of Two Constitutions

    07/06/2005 2:22:35 PM PDT · by Tailgunner Joe · 12 replies · 570+ views
    WallBuilders ^ | October 2004 | David Barton
    The subject of constitutional interpretation may seem like a topic best fitted for an ivory-tower debate, but it actually has a very real and dramatic impact on daily life (as will be demonstrated shortly). In recent years, two competing viewpoints have emerged. Probably the first exposure most citizens had to the two views came during the 2000 presidential debates. When asked what type of judges should be placed on the bench, candidate Bush responded: “I believe that the judges ought not to take the place of the legislative branch of government . . . and that they ought to look...
  • The Living Constitution is dead

    05/06/2005 11:46:42 AM PDT · by Libertarianize the GOP · 9 replies · 307+ views
    The Living Constitution is dead Judicial recognition of a Living Constitution causes the very problem that the idea of a living Constitution is supposed to solve. Proponents of a Living Constitution want a more flexible document. When the Supreme Court issues a decision the result is to lock in current opinion and to forbid opinions from evolving in the future. Justice Kennedy along with four Justices recently declared that it is cruel and unusual punishment to execute a person for a crime they committed as a minor. Justice Kennedy discovered an "Evolving Standard" that he perceives to be a long...
  • Scalia: 'Constitution Not Living Organism'

    04/14/2005 3:03:45 PM PDT · by winner3000 · 37 replies · 3,974+ views
    Newsmax ^ | April 14, 2005 | Carl Limbacher
    The Constitution is not a "living" document that changes with the times U.S. Supreme Court Justice Antonin Scalia says, but is to be interpreted on what the Founding Fathers meant at the time they drafted the Constitution. That's how he determines the meaning of the document he told an audience Monday at Nashville's Vanderbilt University according the Vanderbilt Story Continues Below "The Constitution is not a living organism," Scalia insisted. Taking a position at odds with current opinion that holds that the Constitution changes in order to meet the needs of a changing society and thus acts as a...
  • Judicial audacity scales new height

    12/13/2004 10:16:43 PM PST · by Former Military Chick · 8 replies · 1,071+ views
    Washington Times ^ | December 14, 2004 | BRUCE FEIN
    The Supreme Court of Canada scaled a new peak in hallucinatory constitutional interpretation on Dec. 9, 2004. In an advisory opinion sustaining the Canadian Parliament's power to recognize same-sex "marriages," the best and the brightest of Canada's jurists insisted the nation's constitution was an organic "living tree," not a petrified forest incapable of new limbs and climbing treetops. The "living tree" standard of interpretation, the justices say, gives birth to "progressive" laws and policies addressing "the realities of modern life." But like the emperor's new clothes, a "living tree" legal doctrine is naked of substance. It empowers the Canadian Supreme...
  • O'Connor: U.S. must rely on foreign law

    10/31/2003 4:02:41 AM PST · by joesnuffy · 52 replies · 629+ views
    WorldNetDaily ^ | October 31, 2003 | WND
    O'Connor: U.S. must rely on foreign law Justice says, 'The impressions we create in this world are important' Posted: October 31, 2003 1:00 a.m. Eastern © 2003 American courts need to pay more attention to international legal decisions to help create a more favorable impression abroad, said U.S. Supreme Court Justice Sandra Day O'Connor at an awards dinner in Atlanta. "The impressions we create in this world are important, and they can leave their mark," O'Connor said, according to the Atlanta Journal-Constitution. The 73-year-old justice and some of her high court colleagues have made similar appeals to foreign law,...
  • The Only Good Constitution is a Dead Constitution

    07/08/2003 11:13:33 PM PDT · by kattracks · 16 replies · 364+ views ^ | 7/09/03 | Jonah Goldberg
    Over the Fourth of July weekend, Supreme Court Justice Sandra Day O'Connor was nearly squished. A giant beam nearly fell on her as she sat on the stage during a celebration of the U.S. Constitution. While I wish no harm to befall O'Connor, there was a Tom Wolfe flavor to the near-death mishap. For a brief moment, it felt like the real authors of the Constitution were reaching out to punish the personification of our "living Constitution."After all, O'Connor is the Constitution these days. Because she's almost always the tie-breaker in every close vote on the court, she's been dubbed...
  • The biggest election issue in 2002

    10/12/2002 2:32:19 PM PDT · by listenhillary · 10 replies · 205+ views ^ | October 8, 2002 | Phyllis Schlafly
    The biggest election issue in 2002 The media's passion to report what is going to happen tomorrow rather than what already happened is filling newspaper pages and TV channels with predictions of whether Republicans will retain the House and/or win the Senate. The predictions are virtually worthless. The coming election won't decide whether or not we go to war, whether the Homeland Security bill will pass, whether seniors will get their prescription drugs paid for by the taxpayers, or whether Social Security will be privatized. But the 2002 election will decide whether constitutionalists or judicial activists, control the federal judiciary...