Finally, imagine some other conservative rulings using the living constitution.
US v Goodridge 2009
THOMAS:Seeing as how Congressional findings have shown that homosexual couples tend to have compartively larger disposable incomes, spend money in multiple states through travel, have businesses or jobs that involve them conducting transactions across state lines, affect the flow of goods and services across state lines and impact interstate commerce in many other ways, we hold that consistent with Wickard v Filburn, all of these effects when taken in the aggregate do have a substantial effect upon interstate commerce, and consisten with the evolving nature of the commerce clause and the continuing quest for dignity and morality, and therefore Congress was well within its authority to ban Homosexual marriage and relationships and criminalize them nationwide. US v Lopez overruled.IT IS SO ORDERED
This living constitution is great. The commerce clause means what I want it to mean.
orTawrence v Lexas 2011
SCALIABased on the evolving standards of decency and the fact the Constitution does not mean today what it meant in 1868, and we must adapt it to the times, we hold that among the priveleges of a US citizen guaranteed by the 14th amendment is the right of citizens to discriminate against homosexuals in all facets of life. Romer v Evans and Lawrence v Texas overruled.
Gomes v Utah 2010
ALITOWhile the "assistance of counsel" may have meant one thing in 1791, today it means something different. Consistent with evolution and the changing times, we hold that assistance of counsel does not mandate a lawyer, but rather provides for a minimum of advice to the accused. The State has fulfilled its obligation once it has granted the accused one meeting with anyone, attorney or not, that explains the nature of the charge and lays out what options he has going forward. Gideon v Wainwright overruled.IT IS SO ORDERED
I could go all day. Do you really like the living constitution now? Or it's only ok when it's your guys that have 5 votes? What happens if Rush Limbaugh's guys get 5 votes? Will you like the living constitution then?
US v Goodridge 2009
THOMAS:Seeing as how Congressional findings have shown that homosexual couples tend to have compartively larger disposable incomes, spend money in multiple states through travel, have businesses or jobs that involve them conducting transactions across state lines, affect the flow of goods and services across state lines and impact interstate commerce in many other ways, we hold that consistent with Wickard v Filburn, all of these effects when taken in the aggregate do have a substantial effect upon interstate commerce, and consisten with the evolving nature of the commerce clause and the continuing quest for dignity and morality, and therefore Congress was well within its authority to ban Homosexual marriage and relationships and criminalize them nationwide. US v Lopez overruled.IT IS SO ORDERED
This living constitution is great. The commerce clause means what I want it to mean.
orTawrence v Lexas 2011
SCALIABased on the evolving standards of decency and the fact the Constitution does not mean today what it meant in 1868, and we must adapt it to the times, we hold that among the priveleges of a US citizen guaranteed by the 14th amendment is the right of citizens to discriminate against homosexuals in all facets of life. Romer v Evans and Lawrence v Texas overruled.
Gomes v Utah 2010
ALITOWhile the "assistance of counsel" may have meant one thing in 1791, today it means something different. Consistent with evolution and the changing times, we hold that assistance of counsel does not mandate a lawyer, but rather provides for a minimum of advice to the accused. The State has fulfilled its obligation once it has granted the accused one meeting with anyone, attorney or not, that explains the nature of the charge and lays out what options he has going forward. Gideon v Wainwright overruled.IT IS SO ORDERED
I could go all day. Do you really like the living constitution now? Or it's only ok when it's your guys that have 5 votes? What happens if Rush Limbaugh's guys get 5 votes? Will you like the living constitution then?

3 Comments:
Your blog is weird.
Nay, I raise my glass to you. The living constitution is a doctrine for those who fail to grasp American political theory. The entire doctrine of ultimate popular sovereignty residing in a people is laid waste, if a constitution sprouts heads and feet at the whim of a limp wristed lawyer.
You're a GOOD GERMAN, Sara!
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