#living constitution

[tennesseewatchman-com-news-blog]

What The Politicians You Elected Have Done To America Pt. 1 | News With Views

Jan 08, 2017 Read More Articles by Roger Anghis

For the last decade I have been stressing how we, the American people have failed to pay attention to the quality of people that we are sending to Washington. Our Founders believed that the system of government they established required men of high character that would abide by the Constitution that they established and the people ratified. As far…

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[room-where-it-happens]

I would prefer to see us acknowledge openly that today we, who are judges rather than members of Congress, are imposing on a half-century-old statute a meaning of “sex discrimination” that the Congress that enacted it would not have accepted. This is something courts do fairly frequently to avoid statutory obsolescence and concomitantly to avoid placing the entire burden of updating old statutes on the legislative branch. We should not leave the impression that we are merely the obedient servants of the 88th Congress (1963– 1965), carrying out their wishes. We are not. We are taking advantage of what the last half century has taught.

Concurring opinion of Judge Posner in the Hively case being quite blunt and honest about how judges - both liberal and conservative - actually interpret law.

[semipartisansam]

Constitutional Originalists Are Right To Oppose Donald Trump And Fear Him More Than Hillary Clinton

Constitutional Originalists Are Right To Oppose Donald Trump And Fear Him More Than Hillary Clinton

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For some Constitutional Originalists, there are worse things than a potential Hillary Clinton presidency

The Weekly Standard has an interesting article by Terry Eastland, recounting a conversation with Stephen Sachs of Duke Law School, in which Sachs made the Constitutional Originalist case against Donald Trump.

Originalists – typified by the late Supreme Court Justice Antonin Scalia – are…

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[teapartycrusaders-blog]

ON ITS 229th BIRTHDAY, OUR CONSTITUTION HANGS BY A THREAD

ON ITS 229th BIRTHDAY, OUR CONSTITUTION HANGS BY A THREAD

Written by: Ken Klukowski

On this day in 1787, the founders of this nation finished writing a Constitution that in the intervening 229 years has helped make America the greatest nation on earth. When voters go to the polls on Nov. 8, the American people will decide whether that document will continue to serve as the Supreme Law of the Land. America declared its independence from Great Britain in…

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[scientificphilosopher]

via: Feminist News

[philosophicalconservatism]

Wherever a national  Constitution contains an amendment process by which the people themselves may  change the law of the land, the only possible purpose of the doctrine of a “living constitution “  is to take this power away from the people and to hand it over to political and academic elites. 

[cometsweepandleonidsfly]

Justice Anthony Kennedy wrote in Obergefell that “the generations that wrote and ratified the Bill of Rights and the Fourteenth Amendment did not presume to know the extent of freedom in all of its dimensions, and so they entrusted to future generations a charter protecting the right of all persons to enjoy liberty as we learn its meaning.” Some would prefer to pretend otherwise, but the Constitution did not come with an owner’s manual of how-to instructions for working through every conceivable situation across the centuries — instead, it outlined principles to serve as guideposts. Applying the Constitution’s terms to unforeseen circumstances does not go beyond the job of a judge; that is the job of a judge.

Senator Elizabeth Warren (D, Mass.)

[acharyapahndeepah]

Even Conservative Judges Can’t Deny the Constitutional Logic of Same-Sex Marriage - The Daily Beast

Even Conservative Judges Can’t Deny the Constitutional Logic of Same-Sex Marriage – The Daily Beast

Who would have thought, just a few years ago, that the states on the vanguard of marriage equality would be the deepest red states? But here we are: From December’s decision in Utah to the past two weeks in Arkansas and now Idaho, we’ve seen a string of a dozen decisions, largely in red and purple states, each declaring bans of same-sex marriage to be unconstitutional.

Bianca Cody-Murphy (L) and…

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