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re: The problem with lawyers and constitutional interpretations
Posted on 5/15/25 at 2:45 pm to the808bass
Posted on 5/15/25 at 2:45 pm to the808bass
quote:
And gets it exactly incorrect.
What is this conclusion based on, exactly?
Posted on 5/15/25 at 2:46 pm to Flats
quote:
If you're trying to say that he rejects the history of the law, like various revisions that were accepted or rejected, that's fine.
That's typically what's understood by "legislative history" and exactly the thing to which I was replying ITT.
Posted on 5/15/25 at 2:47 pm to SlowFlowPro
quote:
What is this conclusion based on, exactly?
That the people who wrote the law had a good idea of what language meant to them. And the Supreme Court ignored it to let in China guy.
Posted on 5/15/25 at 2:49 pm to GamecockUltimate
quote:
I know it's fun to dig on lawyers, but this objectively isn't true. There are plenty of lawyers who have morals and are out to do what is right.
Plenty? No. For starters -
In the 2014 election cycle, the legal industry contributed over $120 million to federal political candidates, with 70% going to Democrats.
Posted on 5/15/25 at 2:51 pm to the808bass
quote:
No one is going to seriously tackle the issue of immigration.
That's more of a Congress/will of the people issue, not really a court issue.
Posted on 5/15/25 at 2:52 pm to SlowFlowPro
quote:
That's more of a Congress
You could’ve stopped there.
quote:
not really a court issue.
It’s still a court issue. The courts will rule whatever they need to rule to continue the flow of immigration.
Posted on 5/15/25 at 2:53 pm to Grumpy Nemesis
An easier example of how corrupt pieces of shite lawyers are is the 2nd amendment.
If is very concise and easily interpreted. The founders had just defeated the greatest military on the planet and understood that the access to firearms was the only way to hold onto this new republic.
The second does not give us the right to a firearm. It forbids the government from doing anything to curtail that GOD GIVEN right.
Only someone morally corrupt (like lawyers) could change this simple definition into the bastardized interpretation we have to endure today.
If is very concise and easily interpreted. The founders had just defeated the greatest military on the planet and understood that the access to firearms was the only way to hold onto this new republic.
The second does not give us the right to a firearm. It forbids the government from doing anything to curtail that GOD GIVEN right.
Only someone morally corrupt (like lawyers) could change this simple definition into the bastardized interpretation we have to endure today.
Posted on 5/15/25 at 2:54 pm to the808bass
quote:
That the people who wrote the law had a good idea of what language meant to them
What I said specifically rejected this and I was discussing a different interpretive method.
Legislative history =/= originalist textualism. They're 2 different interpretive methods.
My comment was specifically discussing the textualism of WKA, not a completely different interpretive method interpreting the issues of WKA.
Posted on 5/15/25 at 2:55 pm to SlowFlowPro
quote:
Legislative history =/= originalist textualism. They're 2 different interpretive methods.
I understood you parsing the issue like you have consistently.
Posted on 5/15/25 at 2:58 pm to the808bass
quote:
I understood you parsing the issue like you have consistently.
It's not "me" parsing the issue. I'm discussing 2 distinct interpretive methods. Note: I created neither of them and both have existed before my ancestors may have even set foot in this country

Posted on 5/15/25 at 3:07 pm to the808bass
quote:
I have lots of points.

Okay, ignoring the obvious one...
quote:
there’s no analogy between our initial state of existence as a country and today.
Except with respect to the context of the post to which I was replying.
quote:
Drawing lines between those two dots is something a retard would do.
Fine, I'll chalk you up as believing that any attempt to determine the Founders' intent in terms of interpreting the Constitution today is something only a retard would do.
Posted on 5/15/25 at 3:39 pm to TerraForma
quote:
What the heck is a "coolie"?


Posted on 5/15/25 at 4:14 pm to Harry Boutte
Wong Kim Ark is an interesting read - sort of like Rowe - when they want a result they write around it
As an example - the court goes into great detail about English law and being born and under the protection of the king - yet, in fact, you do not get automatic citizenship in England just by being born there.
This is also interesting
As an example - the court goes into great detail about English law and being born and under the protection of the king - yet, in fact, you do not get automatic citizenship in England just by being born there.
This is also interesting
quote:
he exceptions afterwards mentioned by Mr. Dicey are only these two: "1. Any person who (his father being an alien enemy) is born in a part of the British dominions, which at the time of such Page 169 U. S. 658 person's birth is in hostile occupation, is an alien."
This post was edited on 5/15/25 at 4:19 pm
Posted on 5/15/25 at 4:57 pm to dafif
quote:
when they want a result they write around it
Correct.
Posted on 5/15/25 at 5:03 pm to SlowFlowPro
quote:
SlowFlowPro
Oh for frick sake stop it. Being a text Jewelers also means knowing what the text meant when it was written. Otherwise it's useless. So even if you don't look at the writings of the people at the time and even if you don't consider what they were saying before it was written you still have to fricking consider what the words meant when they were written.
I realize you think you're some kind of smart lawyer so you think you can just argue yourself around in a circle and declare victory but you're still fricking retarded if you're going to try to sell me that Thomas addresses the text of the Constitution the same way liberals do. Quite the opposite. Both Scalia and Thomas know full well with the words fricking meant when they were written. They don't do it liberals do and run around now talking about militias as if the word is being used the same as it is today. They don't run around pretending they don't know what well regulated meant when it was written. Jesus Christ shut the frick up a-hole
You're the kind of fricking a-hole lawyer who would read something written in 1600 that talked about everybody needing to be gay and pleasant and then you would claim they meant they wanted a lot of homosexual men.
This post was edited on 5/15/25 at 5:05 pm
Posted on 5/15/25 at 6:06 pm to Faurot fodder
quote:
Lawyers think that winning arguments is at the top of the food chain of life.
SFP
Posted on 5/15/25 at 8:47 pm to TerraForma
This post has been marked unreadable!
Posted on 5/15/25 at 9:42 pm to Flats
quote:
All that is needed to (further) obliterate the Constitution is for 5 people to simply believe they know better.
That can happen but if the whole of the people are committed they can work to get in corrections. Correcting Roe v. Wade is an example.
Posted on 5/15/25 at 9:50 pm to SlowFlowPro
still waiting for a definition/explanation of how view point discrimination is a constitutional offense
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