Posted on Oct 10, 2018
Why the Left Won’t Take Up Originalism | National Review
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An insightful article on the Kavanaugh hearings, the radical left's hysteria, and why.
Why the Left Won’t Take Up Originalism | National Review
Posted from nationalreview.com
Supreme Court
Constitution
Law
American History
Posted 6 y ago
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Legislation should be done by lawmakers not judges or justices. What he also leaves out is the amount of non law/regulation done by government agencies that have the effect of law and are harder to overturn/remove.
LTC Stephen F. CMSgt (Join to see) Maj William W. 'Bill' Price Maj Bill Smith, Ph.D. Lt Col John (Jack) Christensen CPT Jack Durish Lt Col Scott Shuttleworth LTC John Shaw LTC (Join to see) LTC Greg Henning SSgt GG-15 RET Jim Lint
LTC Stephen F. CMSgt (Join to see) Maj William W. 'Bill' Price Maj Bill Smith, Ph.D. Lt Col John (Jack) Christensen CPT Jack Durish Lt Col Scott Shuttleworth LTC John Shaw LTC (Join to see) LTC Greg Henning SSgt GG-15 RET Jim Lint
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Lt Col John (Jack) Christensen
Lt Col Scott Shuttleworth I can hardly recall the last time any meaningful legislation came out of Congress. Everything for at least the last decade has been aimed at appeasing this or that lobby group. Small wonder the courts must get involved more and more often.
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LTC (Join to see)
MSgt Steve Sweeney - I was thinking about that as I hit the comment button. Unfortunately there is no good answer. people, elected or appointed are too easily swayed by whatever party or personal bias. Ahhh to live in a perfect world where this BS didn't exist, but alas we are stuck here with this.
I have lived in lots of places and visited (deployed to) a bunch more, despite its shortcomings and failings, the USA is still the best country on earth.
I have lived in lots of places and visited (deployed to) a bunch more, despite its shortcomings and failings, the USA is still the best country on earth.
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Thank you for sharing an insightful web article, my friend Col Joseph Lenertz
When the Supreme Court embraced the concept of penumbral rights which are not stated in 1971, Pandora's box was opened. Eisegesis is reading into a text which is what the court did as opposed to Exegesis which is gleaning from the extent text.
I side with originalism in the sense that the Constitution specifies the roles of the three Federal Branches and leaves the rest to the Various sates and the people.
While the Constitution was being developed, the focus was on responsibilities and the assumption was that most citizens would be responsible. In the 21st century many clamor for rights and shy away from the responsibilities at times.
I concur with John Yoo's assessment: the "Constitution simply moves the issue to the political branches of the federal government and the states." In Roe V Wade the SCOTUS negated state laws of 46 states in one fell swoop.
The Courts rightly review existing and proposed law but have no business legislating. Legislation is the business of state and Federal legislatures which must be passed sufficiently to allow the executive branch at Federal and State levels to sign the legislation into law. Because compromise is major factor in legislature passages, it is proper for the State and Federal courts to review the legislation when a sufficient challenge to legality of the respective legislation is presented.
Thank you for mentioning me Lt Col Charlie Brown
What do you think? COL Mikel J. Burroughs LTC Stephen C. LTC Orlando Illi LTC (Join to see) LTC Ivan Raiklin, Esq. Maj Bill Smith, Ph.D. Maj William W. "Bill" Price Capt Seid Waddell Capt Jeff S. CPT Jack Durish MSgt Robert C Aldi SFC Stephen King MSgt Danny Hope SGT Gregory Lawritson Cpl Craig Marton SP5 Mark Kuzinski SGT (Join to see) Maj Marty Hogan
When the Supreme Court embraced the concept of penumbral rights which are not stated in 1971, Pandora's box was opened. Eisegesis is reading into a text which is what the court did as opposed to Exegesis which is gleaning from the extent text.
I side with originalism in the sense that the Constitution specifies the roles of the three Federal Branches and leaves the rest to the Various sates and the people.
While the Constitution was being developed, the focus was on responsibilities and the assumption was that most citizens would be responsible. In the 21st century many clamor for rights and shy away from the responsibilities at times.
I concur with John Yoo's assessment: the "Constitution simply moves the issue to the political branches of the federal government and the states." In Roe V Wade the SCOTUS negated state laws of 46 states in one fell swoop.
The Courts rightly review existing and proposed law but have no business legislating. Legislation is the business of state and Federal legislatures which must be passed sufficiently to allow the executive branch at Federal and State levels to sign the legislation into law. Because compromise is major factor in legislature passages, it is proper for the State and Federal courts to review the legislation when a sufficient challenge to legality of the respective legislation is presented.
Thank you for mentioning me Lt Col Charlie Brown
What do you think? COL Mikel J. Burroughs LTC Stephen C. LTC Orlando Illi LTC (Join to see) LTC Ivan Raiklin, Esq. Maj Bill Smith, Ph.D. Maj William W. "Bill" Price Capt Seid Waddell Capt Jeff S. CPT Jack Durish MSgt Robert C Aldi SFC Stephen King MSgt Danny Hope SGT Gregory Lawritson Cpl Craig Marton SP5 Mark Kuzinski SGT (Join to see) Maj Marty Hogan
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