Justice Scalia: Constitution Not a Living Organism

Views: 47

Reply to This

Replies to This Discussion

If you wonder why the courts rule the way they do, maybe Liberal Constitutional Law Professor Laurence Tribe has something to do with that:
"...his treatise, American Constitutional Law, cited more than any other legal text since 1950. Former Solicitor General Erwin Griswold wrote: “[N]o book, and no lawyer not on the [Supreme] Court, has ever had a greater influence on the development of American constitutional law,...”
Did you know there was an "invisible constitution"? According to Liberal Constitutional Law Professor Larry Tribe, there is.
From Amazon book description: In The Invisible Constitution, Tribe argues that there is an unseen constitution--impalpable but powerful--that accompanies the parchment version. It is the visible document's shadow, its dark matter: always there and possessing some of its key meanings and values despite its absence on the page. As Tribe illustrates, some of our most cherished and widely held beliefs about constitutional rights are not part of the written document, but can only be deduced by piecing together hints and clues from it.
 Book review:
"This book is a kick in the shin to 'textualism' and 'originalism,' in that Tribe begins from the principle that the written, or 'visible,' Constitution so revered by conservative jurists is, in fact, only a small part of what Americans think of as the Constitution. he offers a blueprint for reimagining the national constitutional conversation with fuller information about its complexities and internal tensions. He asks us to take the time to figure out what the founding document does rather than nitpicking about what it says. And if ever there were a moment in which liberal thinkers might allow themselves to dream big, this should be it."--Slate

Among Tribe's former students are Obama, Elena Kagan, and, interestingly, Chief Justice John Roberts http://www.huffingtonpost.com/laurence-h-tribe
Laurence Tribe on the 2nd Amendment:
"... the only "individualistic right to keep and bear arms" (that is, the only right to keep and bear arms independent of the organized militia) is a limited right of self-defense that people may exercise vis-à-vis state and local "efforts at disarming people," a right derived from the Fourteenth Amendment rather than the Second, but that "federal gun control legislation [is] essentially invulnerable under the Second Amendment provided the state militia [is] not undermined." P.902 n.221 (italics in original).
This statement from that link: "federal gun control legislation [is] essentially invulnerable under the Second Amendment..." Sooo... in Tribe's view, Federal gun control is "protected" by the 2nd Amendment?





Political Cartoons by Steve KelleyPolitical Cartoons by AF Branco

Political Cartoons by Gary Varvel


Florida Sheriff — “I Will Not Enforce Assault Weapons Ban, Neither Will Most Sheriffs”

Dennis Lemma, who is the Sheriff in Central Florida’s Seminole County, told a group of 2nd Amendment activists recently that he would not enforce an assault weapons ban that could soon become Florida law if the “Ban Assault Weapons Now” amendment passes in the Sunshine State.

According to News965, the ban has the following specifications.

The amendment proposed in the state legislature would ban possession of assault weapons, which are defined as “semiautomatic rifles and shotguns capable of holding more than 10 rounds of ammunition at once, either in fixed or detachable magazine, or any other ammunition feeding device.”

Lemma, an ardent supporter of the 2nd Amendment and a first term sheriff who is running for re-election, said this about whether or not he would enforce such a law.

“It’s not only that I wouldn’t, the majority of sheriffs across the state would not do it,” Lemma said in the video. It’s up to the sheriffs what they are willing to enforce.”

Trump Holds Rally in Milwaukee, WI 1-14-20

© 2020   Created by Steve - Ning Creator.   Powered by

Badges  |  Report an Issue  |  Terms of Service