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Offlinehongomon
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Registered: 04/14/02
Posts: 910
Loc: comin' at ya
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Constitutionalism
    #2038636 - 10/24/03 02:09 AM (13 years, 9 months ago)

Sclalia Ridicules Court's Gay Sex Ruling

I'm not posting this to strike up another same-sex debate, it's comments like the following by Scalia that I thought were interesting:

"Most of today's experts on the Constitution think the document written in Philadelphia in 1787 was simply an early attempt at the construction of what is called a liberal political order," Scalia told a gathering of the Intercollegiate Studies Institute.

"All that the person interpreting or applying that document has to do is to read up on the latest academic understanding of liberal political theory and interpolate these constitutional understandings into the constitutional text."


Obviously the Constitution, being a bunch of words, is elastic to a degree. But here we have someone claiming to "favor a strict adherence to the actual text of the Constitution," taking a position on an issue completely opposite to that of others who also claim to base their position on the Constitution. That's pretty elastic. What do you folks think about that--is it really possible for us to agree on the text of the Constitution is saying?

Also, is this really a con-lib split like Scalia puts it?

hongomon


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Invisiblesilversoul7
Chill the FuckOut!
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Registered: 10/10/02
Posts: 27,301
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Re: Constitutionalism [Re: hongomon]
    #2038699 - 10/24/03 02:25 AM (13 years, 9 months ago)

The constitution isn't as clearcut as many people would have you believe. The founding fathers left many parts rather open-ended so that it could be re-interpreted to fit the context of changing times, which is why it has survived for so long(at least until John Ashcroft came along).


--------------------


"It is dangerous to be right when the government is wrong."--Voltaire


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Offlinehongomon
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Registered: 04/14/02
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Re: Constitutionalism [Re: silversoul7]
    #2039378 - 10/24/03 02:20 PM (13 years, 9 months ago)

Quote:

silversoul7 said:
The founding fathers left many parts rather open-ended so that it could be re-interpreted to fit the context of changing times, which is why it has survived for so long....




Did the founders actually say that they did that and for that reason? It's a sensible assumption, but it seems like if they acutally stated it, that would contribute quite a bit to the elasticity of the document.


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Anonymous

Re: Constitutionalism [Re: silversoul7]
    #2039379 - 10/24/03 02:21 PM (13 years, 9 months ago)

as open for interpretation as it may be, i think that laws against consensual sexual acts between adults are against the spirit of the constitution.


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Offlinehongomon
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Re: Constitutionalism [Re: ]
    #2039420 - 10/24/03 02:36 PM (13 years, 9 months ago)

I think so too. What I think is interesting is that someone like Scalia can believe the opposite. Of course, I didn't see any specifics from him to defend his view, but he must have something ...?


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InvisibleEvolving
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Registered: 10/01/02
Posts: 5,385
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Re: Constitutionalism [Re: hongomon]
    #2041110 - 10/25/03 12:23 AM (13 years, 9 months ago)

The constitution basically states the structure of the federal government, how it is to operate and what powers are delegated to it. There are also quite a few of statements specifying what the government CAN'T do. Apparently, Scalia hasn't read the following...

"The enumeration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people."
-- US 9th Amendment

"The powers not delegated to the United States by the Constitution,
nor prohibited by it to the states, are reserved to the states
respectively, or to the people."
-- US 10th Amendment


--------------------
To call humans 'rational beings' does injustice to the term, 'rational.'  Humans are capable of rational thought, but it is not their essence.  Humans are animals, beasts with complex brains.  Humans, more often than not, utilize their cerebrum to rationalize what their primal instincts, their preconceived notions, and their emotional desires have presented as goals - humans are rationalizing beings.


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