NEW "What is bothering you right now?" Thread. Bonus: Now with 20% more bother!

Discussion in 'Off Topic' started by 2.0, Dec 21, 2014.

  1. Gabrielgvs

    Gabrielgvs Notebook Consultant

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    It's an interesting observation, and I can see where it would resonate based on what I know of your worldview. One issue is just how political the nomination process itself has become (and likely will continue to be for the forseeable future). What Congress pulled with Garland was complete garbage. Now, it's going to be difficult enough to get someone through who does have all the prerequisites, never mind an outlier who doesn't check all the typical boxes. No way the Gorsuch vote should have been so 54-45 -purely political.

    "In a case that involves the real world, they actually know something about the real world. They’re not just abstractly speculating about it.

    Justices should be whip-smart but must also empathetically understand the lived experiences of ordinary Americans.

    These kind of life experiences gave these justices a feel for the concrete human dimension of public policy questions."



    I think how you take author's point really depends on how you view law, in this case the Constitution. I believe that there needs to be enough room in its interpretation such that its principles can be translated. At the same time, the charter itself, and the accounts and history of those who wrote it decidedly point to the notion that the aforementioned foundational principles aren't inherently fluid at all, but apply to all citizens for all time. That is the vision and mission of this country, and I don't believe it should be subject to the ebbs of flows of whatever is popular in current society. That's the definition of playing to the LDC. Modeling the model after what I see around me (in general) can yield mediocrity at best, and disaster at worst.
     
  2. killkenny1

    killkenny1 Too weird to live, too rare to die.

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    Looks like you've been to the wrong part of Europe. Visit Eastern Europe, it's a ****hole, but the girls are nice.

    Can you give me exact scientific proof and method you have used to calculated the ratio and number to determine their are higher.
    I will be waiting :)
     
  3. Fishon

    Fishon I Will Close You

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    A big problem is Congress abdicating their responsibilities more towards the POTUS and the Judicial branches, which is a danger even this far from a Constitutionalist can see. They don't seem to want to deal with these tough issues/votes that may become problematic upon reelection. I've been thinking about the Constitutionalist viewpoint a lot since we're having new Supreme Count selections, and the topic of possible subpoenas, indictments,and impeachment of a sitting president. Alan Dershowitz has been arguing this, and now we have Kavanaugh who's (upon reflection after going after Bill Clinton :mad:), sees the need of letting the voters ultimately decide (a hands off approach if you will), and not through any sort of legal system or mechanism. The closer we stay with allowing elected representatives deciding things and keeping the courts out of even possible criminal activity- the better connected the system is to the people. In theory we can vote them out and put in someone better, and they want to preserve this. And I can easily understand, even as a liberal. But what becomes clearly perverse to most of us is knowing how messed up the two party system is, and how so very rarely (like never), we really get a chance at electing anyone that comes close to representing us. So especially because of this, I'm not sure being a more subjective, as opposed to more of the rigid interpretations, makes it a LDC play. This I reject.

    On a brighter note, watch this when you can. Justice Breyer talking about how different but often so very similar he and the other justices are- specifically Scalia (15 minute mark and beyond). Do you know 50% of the decisions are unanimous? 20% are 5-4 decisions and often not the same judges. Makes you feel there is some hope after listening to it.

    Scientific proof? Method of calculating the ratio and number? I can spend a few hours wherever, (a building, campus, mall, city streets etc.) and quickly make that assessment. You're joking, right?

    [​IMG]
     
    Last edited: Jul 11, 2018 at 6:10 PM
  4. killkenny1

    killkenny1 Too weird to live, too rare to die.

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    Well, without numbers you're just another fool with an opinion.
    Also, you do realize you have to make research not only in your area, but also in my area as well, before you can make a fair comparison, right? Or do you prefer just to jump straight to conclusion? :p

    But regardless, I think this whole argument got a bit out of hand and just drop it. In the end who gives a crap, unless it makes you sleep sound at night.

    Anyway, back on topic.
    Looking at FS Labs A320, actually A319, but its features will eventually come to A320, and really starting to think I should get it. An addon, which costs 130 Euros... My oh my...
     
    Last edited: Jul 11, 2018 at 6:21 PM
  5. Fishon

    Fishon I Will Close You

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    If you need numbers to assess the quality of a group of women...
    [​IMG] :confused::D
     
  6. Gabrielgvs

    Gabrielgvs Notebook Consultant

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    This just about defines Congress' current mode. Wish I saw reason why this might change anytime soon, but I don't.

    I do not in any way see how perverting a third branch of govt (at least any more than it already is see: 9th C.F.C.O.A.) in response to the perversions of the others is helpful, at all. If anything, we need that compass. Otherwise, we've lost all reference. When that goes -fuggedaboudit.
     
  7. Fishon

    Fishon I Will Close You

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    But is sounds like it's only a one way street for you. You see the danger in a liberal type judge being too broad and subjective in their interpretations of the Constitution and the law, to a possible point of losing all reference as you say. But how about a Constitutional purist who will not rule on anything unless it's written in black and white sort of speak - still subject to major interpretations, which is very important to add here. You don't see a danger to our society in that? The constructs of our laws are measured by how our society will be seen in history. Are our laws healthy for our society, just and fair, or not. You speak often of the slippery slope- taking something and assuming it will play out to the extreme/ nth degree. And many times I don't see this as a great argument since we are people, a society, can, have, and should, progress or revert any laws that aren't working well within our society. https://yourlogicalfallacyis.com/slippery-slop
     
  8. Gabrielgvs

    Gabrielgvs Notebook Consultant

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    I think it's important to distinguish here between Constitutional law and other forms of law.

    Interpretation, of course, particularly given how rapidly the need has arisen due to significant advances in technology, just to name one example. Even a Constitutionalist recognizes and responds to these. At the same time, there's a difference between interpreting and applying what's in "black and white", and trying to rewrite law from the bench. Again, a great deal of the Constitution is based on principles which are immutable.
     
  9. Jarhead

    Jarhead 恋の♡アカサタナ

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    Family member is back in the hospital, had to take EMS there. Doing better than she was last night, but there’s still a lot going on.
     
  10. Fishon

    Fishon I Will Close You

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    Just watched the Trump/ Putin news conference. What an embarrassment and disgrace our POTUS is. Not one word of criticism about Russia, particularly after the drubbing he gave to our allies.

    Edit: Even Fox News is being highly critical in his denial of Russia's interference in our elections. :eek: Even they realize this is indefensible.
     
    Last edited: Jul 16, 2018 at 1:20 PM
    6730b and bennyg like this.
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