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View Poll Results: Should judicial interpretation be permitted?
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No, legislation and the constitution should not be interpreted.
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1 |
8.33% |
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Yes, legislation and the constitution should be open for interpretation.
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7 |
58.33% |
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Legislation should be open for interpretation, the constitution should not.
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4 |
33.33% |
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The Constitution should be open for interpretation, legislation should not.
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0% |
08-21-2007, 06:57 PM
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#1
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Temp Banned
Join Date: Jan 2007
Location: In pursuit of reason.
Posts: 12,464
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Judicial Interpretation
Do you think that judicial interpretation of legislation and the constitution should be permitted?
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Today
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08-21-2007, 07:18 PM
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#2
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Senior Member
Join Date: Dec 2006
Location: in a house :)
Posts: 7,843
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Re: Judicial Interpretation
Legislation is subject to judicial review to determine if it is in compliance with the Constitution and/or to determine if it violates any of the rights guaranteed pursuant to the Constitution. Since the Constitution is made up of words, it is subject to interpretation and those words subject to scrutiny consistent with the history of the time period in which the document was written and the goals of the writers'.
It is not judicial review that causes me the greatest angst today. Judicial review has been going on forever as was envisioned by the founding fathers (the three (3) branches overseeing one another, the checks and balances to prevent one branch from having and abusing all the power). Case law, case precedence is key to our evolving societal needs and laws and those opinions are judicial review of either the lower court's behavior and/or decisions and/or the legislators' bills and laws. No, judicial review is necessary, it is the executive branch's abuse of power in his overruling legislation and/or ignoring legislation when he makes his "signing statements" that bothers me greatly, said signing statements are not authorized by the Constitution of statute.
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08-21-2007, 07:21 PM
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#3
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On Probation
Join Date: Feb 2007
Posts: 19,944
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Re: Judicial Interpretation
Quote:
Originally Posted by Ausinus
Do you think that judicial interpretation of legislation and the constitution should be permitted?
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Legislation and the Constitution have always been open for judicial interpretation. The law is meant to evolve, which is how we got to freedom of expression from freedom of speech.
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Would you give a guy a foot massage?
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08-21-2007, 07:36 PM
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#4
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On Probation
Join Date: Jan 2007
Location: Glad to be back!
Posts: 16,757
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Re: Judicial Interpretation
The job of the Supreme Court is to interperet whether legislation is Constitutional or not. To do that, they must also interperet the Constitution.
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So I hope we're all proud of ourselves, sacrificing soldiers for a country that would send a man to prision for throwing shoes.
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- Tick
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08-21-2007, 07:41 PM
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#5
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Senior Member
Join Date: Mar 2007
Location: Tween the TPs
Age: 57
Posts: 4,458
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Re: Judicial Interpretation
Quote:
Originally Posted by Vortex
it is the executive branch's abuse of power in his overruling legislation and/or ignoring legislation when he makes his "signing statements" that bothers me greatly
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Yes and if the supreme court had a 6-3 conservative majority and the white house had a liberal occupant, you'd be saying the exact opposite......
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08-21-2007, 07:48 PM
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#6
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Senior Member
Join Date: Dec 2006
Location: in a house :)
Posts: 7,843
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Re: Judicial Interpretation
Quote:
Originally Posted by kmiller1610
Yes and if the supreme court had a 6-3 conservative majority and the white house had a liberal occupant, you'd be saying the exact opposite......
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No I would not. You are becoming most annoying. Do you even know what the signing statements are? Where is what I said about the executive branch tied in any way to SCOTUS?
The signing statements have nothing to do with the Supreme Court. I wish you would stop making comments on things you don't understand. Better still, if I confuse you, ask for clarification.
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08-21-2007, 08:02 PM
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#7
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Senior Member
Join Date: Apr 2007
Location: The 17th Floor
Posts: 4,518
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Re: Judicial Interpretation
Quote:
Originally Posted by Zarathustra
The job of the Supreme Court is to interperet whether legislation is Constitutional or not. To do that, they must also interperet the Constitution.
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I am in agreement with your statement. Times have changed and so have the circumstances and how the law can be applied in various cases.
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The Political situation in America = The light at the end of the tunnel has just gone out.
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08-21-2007, 08:05 PM
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#8
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On Probation
Join Date: Dec 2006
Location: Where I always am, radio in one hand computer in the other!!
Age: 49
Posts: 28,132
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Re: Judicial Interpretation
I believe in strict adherence to the constitution, legislation however should be interpreted.
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08-21-2007, 09:27 PM
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#9
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Senior Member
Join Date: Dec 2006
Posts: 4,246
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Re: Judicial Interpretation
Quote:
Originally Posted by michaelr
I believe in strict adherence to the constitution, legislation however should be interpreted.
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How can you strictly adhere to the constitution when it's regarding matters such as pornography? or FCC regulations? or any number of other issues the founding fathers could not possibly have conceived of when drafting the Constitution?
How do you get from Plessy v. Ferguson to Brown v. Board?
How do you get Miranda from having the right to a speedy trial?
I'm seriously asking, not arguing.
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The chances are that I don't agree with this and, in fact, will NEVER use any product or vote for any candidate who might be named right here:
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08-21-2007, 09:55 PM
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#10
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Member
Join Date: Dec 2006
Location: CO Springs, CO
Age: 18
Posts: 433
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Re: Judicial Interpretation
Quote:
Originally Posted by michaelr
I believe in strict adherence to the constitution, legislation however should be interpreted.
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As important as it is, the Constitution is still a piece of paper, and does not fully represent what the USA really is. Strictly adhering to something written over 200 years ago is dumb. Interpreting the Constitution is vital (ex. Jefferson stretched the Constitution in order to start off Lewis & Clark).
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Hippie to the hippie,
The hip, hip a hop, and you don't stop, a rock it
To the bang bang boogie, say, up jump the boogie,
To the rhythm of the boogie, the beat.
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