Author Topic: Obama: "The constitution is a living document to be interpreted w the times".  (Read 601 times)

Soul Crusher

  • Competitors
  • Getbig V
  • *****
  • Posts: 41761
  • Doesnt lie about lifting.
Skip to comments.

Obamacare and the Living, Breathing Constitution
The Atlantic ^ | March 28, 2012 | by CONOR FRIEDERSDORF
Posted on March 29, 2012 7:25:09 PM EDT by Oldeconomybuyer

Wrote President Obama in The Audacity of Hope, "I have to side with Justice Breyer's view of the Constitution -- that it is not a static but rather a living document, and must be read in the context of an ever-changing world." My instinct is to disagree.

Applying the Constitution "in the context of an ever-changing world," it shouldn't escape the justices that the executive branch has lately asserted sweeping powers -- the prerogative to wage war without Congressional approval, to secretly spy on Americans without a warrant, to engage in extrajudicial assassinations carried out by remote-controlled flying machines. James Madison couldn't have been expected to anticipate all that! Nor could he have imagined the unprecedented degree to which the federal government is in thrall to powerful corporate interests, as exemplified by the Wall Street bailouts and the ongoing lobbying culture that pervades Washington.

The federal government now enjoys more power, relative to the states and the people, than at any time in American history.

How tempting, therefore, to conclude that the "unwavering values" entrenched in 1789 require the Supreme Court to bring about a diminution of federal power in the health-care sector, and more broadly too. After all, perhaps the Framers built flexibility into the document to respond to unexpected developments like the radical expansion of the federal government and an attendant loss of local control and liberty. These are widely held to be defining challenges of our time. Why not take them into consideration?

(Excerpt) Read more at theatlantic.com ...

Soul Crusher

  • Competitors
  • Getbig V
  • *****
  • Posts: 41761
  • Doesnt lie about lifting.
This idea of of a living constitution is beyond absurd.   I wonder if that ghetto shit stain Obama felt he had a living mortgage from rezko.

Vince G, CSN MFT

  • Competitors II
  • Getbig V
  • *****
  • Posts: 25844
  • GETBIG3.COM!
This idea of of a living constitution is beyond absurd.   I wonder if that ghetto shit stain Obama felt he had a living mortgage from rezko.


It is...the constitution has to change with the times with regards to women and civil rights, slavery, etc.  The right to arms amendment was written when there was blunderbusses and flintlocks around compared to semi-automatic weapons of today. 


But I guess anything that Obama says you're not going to like anyway......moron. ::)
A

tonymctones

  • Getbig V
  • *****
  • Posts: 26520

It is...the constitution has to change with the times with regards to women and civil rights, slavery, etc.  The right to arms amendment was written when there was blunderbusses and flintlocks around compared to semi-automatic weapons of today. 


But I guess anything that Obama says you're not going to like anyway......moron. ::)
when are they going to incorporate airsoft guns?

I mean since with only a few minor modifications they can be made into fully automatic rifles? ;)

Soul Crusher

  • Competitors
  • Getbig V
  • *****
  • Posts: 41761
  • Doesnt lie about lifting.

It is...the constitution has to change with the times with regards to women and civil rights, slavery, etc.  The right to arms amendment was written when there was blunderbusses and flintlocks around compared to semi-automatic weapons of today. 


But I guess anything that Obama says you're not going to like anyway......moron. ::)

There is a process to change the constitution legally without leaving it up to TJE whims of judges based on political judgements.

Soul Crusher

  • Competitors
  • Getbig V
  • *****
  • Posts: 41761
  • Doesnt lie about lifting.
Justice Breyer: Can Congress Make Americans Buy Computers, Cell Phones, Burials? ‘Yes, of Course’
CNSNews ^
Posted on March 29, 2012 5:59:08 AM EDT by Sub-Driver

Justice Breyer: Can Congress Make Americans Buy Computers, Cell Phones, Burials? ‘Yes, of Course’ By Terence P. Jeffrey March 28, 2012

(CNSNews.com) - During oral arguments in the Supreme Court this week, Justice Stephen Breyer posed and answered the core question at issue in the controversy over the constitutionality of Obamacare’s mandate that individual Americans must buy government-approved health insurance policies: Can Congress order individuals to buy a good or service?

“Yes, of course they could,” said Breyer.

In the history of the nation, according to the Congressional Budget Office, the federal government has never done this.

But Breyer, on Tuesday, stated his belief that the basic power of Congress to do such a thing was settled by the Supreme Court as early as 1819, in the case of McCulloch v. Maryland, in which the court decided Congress had the power to create a Bank of the United States.

Breyer explained his point of view after becoming impatient with the convoluted answers Solicitor General Donald Verrilli had offered up in response to questions from Justices Sam Alito and Anthony Kennedy and Chief Justice John Roberts.

(Excerpt) Read more at cnsnews.com ...

Shockwave

  • Getbig V
  • *****
  • Posts: 20807
  • Decepticons! Scramble!
How in the fuck is creating a central bank (Which was a terrible idea and totally against the founding fathers wishes, and still haunts us to this day), the same as forcing citizens to buy something?
Cause the government is forcing us to buy our own money from the fed at interest? Yeah, cause thats a great precedent.
Fucking shitstain justice.

Soul Crusher

  • Competitors
  • Getbig V
  • *****
  • Posts: 41761
  • Doesnt lie about lifting.
The older. I get the more conservative and libertarian I get.

howardroark

  • Getbig IV
  • ****
  • Posts: 2524
  • Resident Objectivist & Autodidact
There is a process to change the constitution legally without leaving it up to TJE whims of judges based on political judgements.