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OT Ninth Circuit Again

FDR was a progressive and did try and stack the SC. He lost that battle but still did a lot of great things (despite being a racist and mysoginist). Out of curiosity, what kind of Strict Constructionist are you? Even Antonin Scalia didn't consider himself to be a Strict Constructionist and believed that no one should be. He considered himself a Texturalist or an Originalist in that SC should interpret the Constitution in terms of "theoretically" what it meant to those who ratified it back in the 18th Century.

In other words, what, theoretically, would the Constitutional Congress have done about machine guns, abortion, the proliferation of drugs, the internet, and other issues that they could not have conceived of back then. To me, Originalism is just another way of interpreting the Constitution, no more or less legitimate than those who want to interpret the Constitution in light of the realities of the modern day.
 
"Army of 10's of thousands are invading our country illegally"? Data shows that the number of illegal immigration is actually decreasing. Also, these aren't armed militants. They are mostly unarmed, poor, and desperate people looking, not to overthrow our government, but for a better life for themselves and their children.

Drugs - this is a problem not because there is a supply but because there is a demand. If you really want to stop illegal drug trafficking, legalize it and have the government supervise it, as it does with prescription drugs.

Sex trafficking - there is an obvious demand and a distinction needs to be made between those who choose to work in the sex trade and those that are forced into it. The women who work in the brothels in Nevada are not forced into those jobs - they choose to work there for a variety of reasons. Why shouldn't a person be allowed to use their body as they want to?

Finally, yes Truman got us into a police action but it was Congress that funded it. The same thing happened with Johnson and Nixon for the Vietnam War.

If you support Trump declaring an national emergency so that he take money allocated by Congress and apply it as he deems fit, just remember that there will eventually be a liberal POTUS and s/he will do the same thing because of the precedent that has been set. Will you be supportive of that President on that issue?
Disingenuous
The data doesn't show border crossings are down
President Trump in doing what president Bush and president Obama refuse to do
 
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Of course, times have changed, but the Constitution should not be “changed” but rather amended
to keep up with problems not foreseen by our founding fathers !
I am not into the legal jargon so I’ll bow to you on that, but I believe that, ideally, all SCJustices
Should be Constitutional Scholars like Justice Scalia was.
Once again, my opinion, is that , perhaps with the exception of RGB, the Progressives on the SC
Are not even close to be Constitutional Scholars?
 
rgc7, it is not an army of any type. It is a group of desperate people seeking a better life for them and their children. They are not combatants. They are not a militia. They are just desperate people who need help. How sad it is that so many of our countrymen see them as a threat rather than people who should be the subjects of our compassion and generosity.
 
We disagree on many points. But I don’t think either of us lack Compassion. Campasion is one thing but it
Is a whole different debate. A judge may have great compassion for a criminal, but he still has an obligation
To sentence that criminal for a crime !
The topic under consideration is legal or illegal immigration. Borders are there to protect our citizens and
National sovereignty.
 
Of course, times have changed, but the Constitution should not be “changed” but rather amended
to keep up with problems not foreseen by our founding fathers !
I am not into the legal jargon so I’ll bow to you on that, but I believe that, ideally, all SCJustices
Should be Constitutional Scholars like Justice Scalia was.
Once again, my opinion, is that , perhaps with the exception of RGB, the Progressives on the SC
Are not even close to be Constitutional Scholars?

They all are constitutional scholars. You're acting like four of the Supreme Court justices were working a cash register before they got appointed.
 
Here's what conservative Republican senator Thom Tillis had to say about Trump's emergency declaration (spoiler alert: he's squarely against it)....

https://www.washingtonpost.com/opin...ote-against-emergency/?utm_term=.0a56c8ee6f35
I understand his concerns and to be honest president trumps emergency action is an emergency that could of been handled differently. There was money to be gotten without doing it this way other than to show his supporters and his adversaries he is serious about border security.
Something the left have supported not so long ago but now have evolved into something else.
Billions of dollars taken away from the citizens of this nation. Social structures over burdened.
It a shame the left defend the non citizens over the actual citizens of the country
 
LOL, thought you could do a better job answering my question.
I'm sorry I did Border patrol agents are the people recommending the wall.
They are the ones in the field
Politicians are not. Why do you believe they are not listening to the people in the field?.......politics
 
Why do you suppose every congressperson representing territory along the southern border opposes funding for building a wall?

I'll take a crack at this one.

Illegal border crossings are down, so there's no need for a $30 billion boondoggle. 21st century technology is a better solution.

The Great Wall of Trump, if built in the manner he promised, would be a national symbol that is completely at-odds with the Statue of Liberty.

The Wall would do next-to-nothing to stop the most pressing border issues, which are the overwhelming number of asylum claims and the influx of heroin, the vast majority of which comes through legal ports of entry.

The Wall would require the government seizing thousands of acres of land from property owners on the border. Texans don't cotton to the government taking their land.
 
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I'm sorry I did Border patrol agents are the people recommending the wall.
They are the ones in the field
Politicians are not. Why do you believe they are not listening to the people in the field?.......politics
I specifically stated congresspersons. You didn't respond to my question but created your own response.
 
I'll take a crack at this one.

Illegal border crossings are down, so there's no need for a $30 billion boondoggle. 21st century technology is a better solution.

The Great Wall of Trump, if built in the manner he promised, would be a national symbol that is completely at-odds with the Statue of Liberty.

The Wall would do next-to-nothing to stop the most pressing border issues, which are the overwhelming number of asylum claims and the influx of heroin, the vast majority of which comes through legal ports of entry.

The Wall would require the government seizing thousands of acres of land from property owners on the border. Texans don't cotton to the government taking their land.
Agree with all this, and the elephant in the room that conservatives won't address is that Trump promised "Mexico will pay for it!!!!" Time and again at his rallies, there was the chant "And who's going to pay for it?" audience "MEXICO!!!!!"
 
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rgc7, you know I like you and respect you but you need to be more honest with your views. On the SC, 8 justices will vote on ideological grounds - 4 as strict constructionists and 4 as judicial activists. All believe they are ruling on Constitutional grounds. Even the terms, strict construction has various sub-groups, i.e., strict construction through textualism and strict construction through literalism.

I guarantee that none of the SC justices believe that they are acting in any way other than is permitted/mandated under the Constitution. The problem is that the Constitution is a written document that is subject to alternate interpretations, just like every other document I've ever read.

While I was not in favor of Justice Roberts when he was appointed Chief Justice, I have been very impressed to see that he is his own man and not subject to the political whims of the public and the politicians. He may well end up being one of our greatest Chief Justices and that is not a statement that I make lightly.
Here's what conservative Republican senator Thom Tillis had to say about Trump's emergency declaration (spoiler alert: he's squarely against it)....

https://www.washingtonpost.com/opin...ote-against-emergency/?utm_term=.0a56c8ee6f35

Appeal to authority
Backatcha

“It should be the policy of the United States to support efforts to remove the regime headed by Saddam Hussein from power in Iraq and to promote the emergence of a democratic government to replace that regime.”
3 bill 1 deodorant 3 home bernie sanders

Schumer says flatly that “Illegal immigration is wrong, plain and simple,” and Obama says that “we simply cannot allow people to pour into the United States undetected, undocumented, unchecked."

“Now, on the question of limiting population: as you know the Japanese have been doing it very vigorously, through abortion, which I think would be repugnant to all Americans.”

President Kennedy
 
Or hosting a celebrity TV show.
Is this about the left forcing Oprah to run or is this about the B movie actor that became president and dismantled the ussr that leftist "intellectuals" like artie schlesinger stated as a matter of fact ..."those in the United States who think the Soviet Union is on the verge of economic and social collapse” are “wishful thinkers who are only kidding themselves.”


Whoooops
 
I specifically stated congresspersons. You didn't respond to my question but created your own response.
Yeah stupid poet only people that have never been to duh border should decide what is deemed an emergency rather than those that have made a career of enforcing law on duh border

In other news I want the receptionist at the dentist office to fix my tooths rather than the DDS
 
Agree with all this, and the elephant in the room that conservatives won't address is that Trump promised "Mexico will pay for it!!!!" Time and again at his rallies, there was the chant "And who's going to pay for it?" audience "MEXICO!!!!!"


That's awesome but
Define illegal immigration
Define legal immigration
Are they the same
Apples aren't oranges
 
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I'll take a crack at this one.

Illegal border crossings are down, so there's no need for a $30 billion boondoggle. 21st century technology is a better solution.

The Great Wall of Trump, if built in the manner he promised, would be a national symbol that is completely at-odds with the Statue of Liberty.

The Wall would do next-to-nothing to stop the most pressing border issues, which are the overwhelming number of asylum claims and the influx of heroin, the vast majority of which comes through legal ports of entry.

The Wall would require the government seizing thousands of acres of land from property owners on the border. Texans don't cotton to the government taking their land.
Define illegal immigration
Define legal immigration
It is fallacious to compare a symbol of legal legal legal immigration to a barrier that is meant to prevent illegal illegal illegal immigration
Apples are not oranges and it's dishonest to pretend they mean or by definition mean the same thing or are synonymous
 
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do you feel the same way about climatologists on climate change and medical doctors on the horrors of gun violence ?
Which climatologists
Judith Curry ?
Medical doctors that blame an inanimate object for what exactly and are they doctors that think a baby is just a clump of cells
 
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Faux appeal to an authority intensifies
Next he'll say bow to the ipcc that consists of zero climatologists
 
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Speaking of ipcc or using your red herring / appeal to a faux authority
What does this mean to you
Section 14.2.2.2:

“In sum, a strategy must recognize what is possible. In climate research and modelling, we should recognize that we are dealing with a coupled non-linear chaotic system, and therefore that the long-term prediction of future climate states is not possible.”
 
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The Great Wall of Trump, if built in the manner he promised, would be a national symbol that is completely at-odds with the Statue of Liberty.

You do know that we already have several hundred miles of border barrier now, right? This is not exactly a new phenomenon, or even a conservative one. Border security and using barriers in certain strategic locations USED TO BE a fairly bi-partisan issue.

And the Statue of Liberty is NOT a symbol of people sneaking into the country illegally.
 
You have to love the hypocrisy of leftists
Ignoring what the border patrol or dhs states per their personal experience
But the words from a person with a (D) by their name is to be taken as scripture that's never even been to the border
I'd rather receive driving tips from Ted Kennedy, how to keep the white sheets white by robert KKK Byrd, tax advise from charlie rangel, how to interpret the Constitution by the president/constitutional professor that had the worst supreme court record ever recorded
 
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NDE,
Well then From my perspective, I have to respectfully dis agree with you !
 
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We disagree on many points. But I don’t think either of us lack Compassion. Campasion is one thing but it
Is a whole different debate. A judge may have great compassion for a criminal, but he still has an obligation
To sentence that criminal for a crime !
The topic under consideration is legal or illegal immigration. Borders are there to protect our citizens and
National sovereignty.

So where is the compassion? Under Trump, the time it takes to gain citizenship has increased from 6 months to 2 years. So let's talk about a sample family - a family of 4 from Honduras. They are attempting to immigrate to America to protect their children from violent gangs. They walk to the American border but are denied asylum because...well, because that's how we do things these days. This family doesn't have the money to hire an attorney so must try and navigate the immigration laws themselves...for 2 years. What are the supposed to do for those 2 years?

But no, compassion isn't really the thing to talk about here. We're here to talk about the law and how this Honduran family might steal our jobs or rape our women. Yeah, its all about law and order. Good luck sleeping on that.
 
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I don’t know about the Cash Register Jobs, but from what I see in their opinions, they strike me are
Just lawyers who were politically oppointed !
 
I don’t know about the Cash Register Jobs, but from what I see in their opinions, they strike me are
Just lawyers who were politically oppointed !

Look at their biographies...all nine justices are eminently qualified, although I admit to having to clench my teeth as I write that about Clarence Thomas.
 
Look at their biographies...all nine justices are eminently qualified, although I admit to having to clench my teeth as I write that about Clarence Thomas.
I'm surprised he wasn't able to get a Coca Cola endorsement after his performance during the hearings.
 
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