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Hillary Clinton is Done: part 2

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No, we got them because an unelected SCOTUS gave it to them by stopping a complete recount of the state, which independent research shows actually elected Gore despite all the voter-roll purging and other election irregularities.

https://www.theguardian.com/world/2001/jan/29/uselections2000.usa

No, that's false. The post-election studies showed that under the standards advocated by the Gore campaign, Bush would have won by a greater margin. It is only if overvotes were included, something that nobody was advocating (the rules clearly state that overvotes disqualify a ballot), could Gore have been the winner.
 
Libertarians are right-wingers.

The US Constitution is not a libertarian document. Things like the commerce clause clearly exceed the powers libertarians feel should be permitted to regulate the economy. I wouldn't put a libertarian there.

Second, libertarians are not right wingers by any stretch.
 
You are not listening. I would appoint neither right wing nor left wing judges.

I am listening, you don't get it.

Tell me, how would a non-left, non-right justice rule on Roe V Wade? How would they rule on the ACA challenges?
 
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The US Constitution is not a libertarian document. Things like the commerce clause clearly exceed the powers libertarians feel should be permitted to regulate the economy. I wouldn't put a libertarian there....
So in your mind regulating the economy is unconstitutional? And you think that is neutral, not right wing?
 
More moderate doesn't mean better legal scholarship.

That is what I want. The best legal minds with no left-right ideology mucking up decisions.

That's not really possible. There's no doubt that Kagan and Sotomayor are great legal minds, and yet they clearly vote based on how they want the law to be. Ginsburg is not a great legal mind, and is unabashed in her efforts to read the law in whichever way her personal politics requires, so I suppose that somebody like that could be kept off the court with your desired standard. Kennedy too, although in Kennedy's case, you could substitute a coin flip to break 4-4 ties and get equally valid results.

Roberts is a great legal mind, but he's a pussy, so he won't make the unpopular decisions. Scalia was a lot like Kagan and Sotomayor. He used his legal acumen to get the result he wanted. Even the most consistent and intellectually honest justice, i.e. Thomas, has an ideology that will lead to certain predictable results. It happens, in my opinion, to come closest to the original conception of the role of the judiciary, but it is at odds with the role the judicial elites have carved out for themselves in our Constitutional system. Most judges today see themselves as a sort of meta-legislature, whose role it is to turn an ambiguous law created by the real legislature (or even a controversy unaddressed by the real legislature) into a part of the common law they think will be good for society.
 
So in your mind regulating the economy is unconstitutional? And you think that is neutral, not right wing?

No. I said regulating the economy is Constitutional because it isn't a libertarian document. It wouldn't make sense to apply a libertarian ideology in interpreting it and wouldn't result in a very smart conclusion. So I wouldn't appoint an ideological partner to the court.
 
Yeah, I keep expecting some learned reactionary [RIP Scalia] to argue that the 13th didn't sufficiently address the 3/5 agreement, so henceforth black voters will only get counted as .6 of a "real" vote. It was, after all, "the intent of the framers", hallowed be their name.

The 14th addresses that. Regardless, the 3/5th thingy had nothing to do with votes per se, but rather the apportionment of congressional districts by population. The "intent" of the framers actually was to have slavery disappear over time. That much is very clear from the writings at the time.
 
The 14th addresses that. Regardless, the 3/5th thingy had nothing to do with votes per se, but rather the apportionment of congressional districts by population. The "intent" of the framers actually was to have slavery disappear over time. That much is very clear from the writings at the time.

Care to back that up with an actual citation?

And by your post you are just rationalizing why blacks should have unequal rights.
 
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Comey to speak at 11:00.

Clinton to campaign with Obama this afternoon.

You do the math :-)

Seems way too early for either an indictment or an exoneration. Not much business time has elapsed since the interview with Clinton. It could easily be terrorism related. He is head of the FBI after all, and today is the last day of Ramadan, a month in which ISIS has escalated attacks.
 
Hmmm: FBI Director to meet press, take off-camera questions

Whatever could this mean? Just three days after Hillary Clinton met with the FBI for an “interview” over her unauthorized e-mail system and its transmission and retention of classified information, James Comey wants to have a chat with the press and take some “off-camera q’s from reporters.”

So far, not much has leaked on this presser, but stay tuned at 11 am ET to see how this concludes.

Read more:
http://hotair.com/archives/2016/07/...o-meet-press-take-off-camera-questions-at-11/ (July 5, 2016)


FBI Director James Comey will make a statement and take off-camera questions from reporters at 11am ET today.
 
I am listening, you don't get it.

Tell me, how would a non-left, non-right justice rule on Roe V Wade? How would they rule on the ACA challenges?

I don't know and their final decision is unimportant. Process matters. Who the judge is matters.

If I could only pick one judge....

We would identify all the Constitutional philosophies (originalist, constructionist, living document, etc) and identify the most dominant weighted between now and US history. We would identify adherents and only keep those we can identify uninfluenced by left-right leaning (when faced with a decision where philosophy and ideology differed, they selected philosophy). Then we select the most experienced one.

Then I stand by the ruling. If I get more judges I add more philosophies in some proportion to their influence.
 
That's not really possible. There's no doubt that Kagan and Sotomayor are great legal minds, and yet they clearly vote based on how they want the law to be. Ginsburg is not a great legal mind, and is unabashed in her efforts to read the law in whichever way her personal politics requires, so I suppose that somebody like that could be kept off the court with your desired standard. Kennedy too, although in Kennedy's case, you could substitute a coin flip to break 4-4 ties and get equally valid results.

Roberts is a great legal mind, but he's a pussy, so he won't make the unpopular decisions. Scalia was a lot like Kagan and Sotomayor. He used his legal acumen to get the result he wanted. Even the most consistent and intellectually honest justice, i.e. Thomas, has an ideology that will lead to certain predictable results. It happens, in my opinion, to come closest to the original conception of the role of the judiciary, but it is at odds with the role the judicial elites have carved out for themselves in our Constitutional system. Most judges today see themselves as a sort of meta-legislature, whose role it is to turn an ambiguous law created by the real legislature (or even a controversy unaddressed by the real legislature) into a part of the common law they think will be good for society.

I'm convinced your review of the justices is a gross over simplification of the legal scholarship of the justices. And particularly your view of Thomas who wrote almost nothing and has said even less during his entire tenure as a justice. In fact Thomas never opened his mouth to ask any questions during oral presenations until Scala died. Scala was smart, funny but had a narrow right wing view and as I said before ignored the existence of the 9th Amendment.
 
Welcome to page 95. And because I wasn't here, welcome to pages 90, 91, 92 and 93. But forget about page 94. That was a dark time for many of us.
 
I don't know and their final decision is unimportant. Process matters. Who the judge is matters.

If I could only pick one judge....

We would identify all the Constitutional philosophies (originalist, constructionist, living document, etc) and identify the most dominant weighted between now and US history. We would identify adherents and only keep those we can identify uninfluenced by left-right leaning (when faced with a decision where philosophy and ideology differed, they selected philosophy). Then we select the most experienced one.

Then I stand by the ruling. If I get more judges I add more philosophies in some proportion to their influence.
Even Scalia who claimed to be a strict originalist had politically influenced rulings.

I think you are being disingenuous with yourself. And avoiding my questions reinforces that conclusion.
 
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