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Android Apocalypse
Apr 28, 2009

The future is
AUTOMATED
and you are
OBSOLETE

Illegal Hen
Seventh Circuit Judge Richard Posner thinks the Constitution, the Bill of Rights, and post-Civil War amendments aren't really worth studying.

Judge Richard Posner posted:

And on another note about academia and practical law, I see absolutely no value to a judge of spending decades, years, months, weeks, day, hours, minutes, or seconds studying the Constitution, the history of its enactment, its amendments, and its implementation (across the centuries—well, just a little more than two centuries, and of course less for many of the amendments). Eighteenth-century guys, however smart, could not foresee the culture, technology, etc., of the 21st century. Which means that the original Constitution, the Bill of Rights, and the post–Civil War amendments (including the 14th), do not speak to today. David Strauss is right: The Supreme Court treats the Constitution like it is authorizing the court to create a common law of constitutional law, based on current concerns, not what those 18th-century guys were worrying about.

Posner's Full Op-Ed here.


TL;DR (Too Long, Don't Read) the basic laws of America. They were created by old dudes and they don't apply to life now. :911:

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Horniest Manticore
Nov 23, 2013

Hello, you!
Lipstick Apathy
posner america's neg rear end

symbolic
Nov 2, 2014

so if he's not fine with the Bill of Rights nor post-Civil War amendments, does that mean the 11th and 12th amendments are okay since they're in-between

Android Apocalypse
Apr 28, 2009

The future is
AUTOMATED
and you are
OBSOLETE

Illegal Hen
I'm trying to figure out what the 11th Amendment is about (The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State) and the 12th is about how we elect presidents.

Maybe Posner doesn't like them either. :shrug:

Dreddout
Oct 1, 2015

You must stay drunk on writing so reality cannot destroy you.

Android Bicyclist posted:

Seventh Circuit Judge Richard Posner thinks the Constitution, the Bill of Rights, and post-Civil War amendments aren't really worth studying.


Posner's Full Op-Ed here.


TL;DR (Too Long, Don't Read) the basic laws of America. They were created by old dudes and they don't apply to life now. :911:

TLDR

a shiny rock
Nov 13, 2009

we need some more hip, up to date amendments with hashtags in em

Horniest Manticore
Nov 23, 2013

Hello, you!
Lipstick Apathy

Parallax Scroll posted:

we need some more hip, up to date amendments with hashtags in em

Life, Liberty, and the Pursuit of YOLO

Blood Shart
Sep 23, 2010

Amendment 28: You have the inalienable right to suck my big 'ol Donkey dick, fuckman.

Blahsmack
Oct 25, 2003

i want your hot sweaty bills all over my rights

SEGA Ass Fisting
Feb 15, 2012

KEEP IT TIGHT!
I've yada yada'd the Constitution

Prettz
Sep 3, 2002

Horniest Manticore posted:

posner america's neg rear end

Best Bi Geek Squid
Mar 25, 2016

Android Bicyclist posted:

I'm trying to figure out what the 11th Amendment is about (The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State) and the 12th is about how we elect presidents.

Maybe Posner doesn't like them either. :shrug:

The 11th Amendment is one of the fun parts of the Constitution that means something much different than what it says. By its text, it prevents residents from one state from suing another state in federal court - preserving state sovereign immunity in one specific context. The Supreme Court has put on its special glasses and determined that the 11th amendment actually stands for a broad principle that stops private citizens from suing states in federal court generally as well as administrative tribunals that look too much like courts. Oh, and the 11th or rather the ~~broad principle of sovereign immunity for which it stands~~ also stops Congress from authorizing private suits against states under most circumstances in federal or state court.

Sovereign immunity's a hell of a thing.

A Concrete Divider
Jan 20, 2012

The Unbearable Whiteness of Eating
Amendment 69420
Smoke weed get pussy

gently caress yeah the forefathers were str8 gangsters

a shiny rock
Nov 13, 2009

rt hon potatoe pc posted:

The 11th Amendment is one of the fun parts of the Constitution that means something much different than what it says. By its text, it prevents residents from one state from suing another state in federal court - preserving state sovereign immunity in one specific context. The Supreme Court has put on its special glasses and determined that the 11th amendment actually stands for a broad principle that stops private citizens from suing states in federal court generally as well as administrative tribunals that look too much like courts. Oh, and the 11th or rather the ~~broad principle of sovereign immunity for which it stands~~ also stops Congress from authorizing private suits against states under most circumstances in federal or state court.

Sovereign immunity's a hell of a thing.

thats a dumb boring amendment. we'll never get millennials into the constitution with poo poo like that on there

AugmentedVision
Feb 17, 2011

by exmarx
the constitution is an outdated 200 year old document, taken as dogma by a group of people who also take a certain outdated 2000 year document as dogma

a shiny rock
Nov 13, 2009

Anderron Shi posted:

Amendment 69420
Smoke weed get pussy

gently caress yeah the forefathers were str8 gangsters

this is more like it

Android Apocalypse
Apr 28, 2009

The future is
AUTOMATED
and you are
OBSOLETE

Illegal Hen
Our Founding Fathers didn't predict that we'd have machine guns.
Nor did they predict we'd have the internet.
Or no more slaves.
Or women voting.

Our Founding Fathers had lovely crystal balls. How come Nostradamus could predict a ton of poo poo but Ben Franklin couldn't figure out Snapchat?

HumanDecency
Oct 5, 2015

Horniest Manticore posted:

Life, Liberty, and the Pursuit of YOLO

This might be the funniest thing I've ever read. I don't know why. But I am going to plagiarize it so all my friends think I'm cool. YOLO.

ElGroucho
Nov 1, 2005

We already - What about sticking our middle fingers up... That was insane
Fun Shoe

AugmentedVision posted:

the constitution is an outdated 200 year old document, taken as dogma by a group of people who also take a certain outdated 2000 year document as dogma

"But does your flag have gold fringe?"

*Disappears in a puff of smoke*

Android Apocalypse
Apr 28, 2009

The future is
AUTOMATED
and you are
OBSOLETE

Illegal Hen

Horniest Manticore posted:

Life, Liberty, and the Pursuit of YOLO

Since the Founding Fathers were all old white dudes, wouldn't they be more "Carpe Diem?"
https://www.youtube.com/watch?v=Ec8FOZvcPVM

TEAH SYAG
Oct 2, 2009

by Lowtax
Well, the liberal piece of poo poo swore an oath to uphold it, and since he's made it public that he fundamentally doesn't believe in it, he can go clear his desk and gently caress off. Impeach this cocksucker.

Typical Pubbie
May 10, 2011
Is YOLO still funny or is this another case of GBS double reverse irony?

redm
Feb 20, 2016


Sugartime Jones
Look guys, I know my job is to read law but gently caress you allright, the constitution? Really? Like what even is it? peep my twitter and facebook to watch me get more and more gradually bored with reading #judgelifeintheinternetpornfactory

Smashurbanipal
Sep 12, 2009
ASK ME ABOUT BEING A SHITTY POSTER
context, baby, context.

Android Apocalypse
Apr 28, 2009

The future is
AUTOMATED
and you are
OBSOLETE

Illegal Hen

Typical Pubbie posted:

Is YOLO still funny or is this another case of GBS double reverse irony?

I think everybody likes that one small unincorporated community in California.

Tuxedo Gin
May 21, 2003

Classy.

to be fare a lot of that poo poo was written in a way that is impossible to apply by the letter of the law to modern society and modern technology.

it's also really loving open to interpretation which the foundation of your entire system probably shouldn't be

let's burn it down, eat the rich, and start over

Best Bi Geek Squid
Mar 25, 2016
This is like 90% of constitutional law:

CJacobs
Apr 17, 2011

Reach for the moon!
He really shouldn't have phrased it as dumb as he did, but this

Android Bicyclist posted:

the basic laws of America. They were created by old dudes and they don't apply to life now. :911:

is not wrong

cerebral
Oct 24, 2002

Referring to Richard Posner like he's just another judge is kind of underselling his accomplishments.

Orkin Mang
Nov 1, 2007

by FactsAreUseless

Horniest Manticore posted:

posner america's neg rear end

Gaunab
Feb 13, 2012
LUFTHANSA YOU FUCKING DICKWEASEL
guess he's a thomas jefferson fan

Murray Mantoinette
Jun 11, 2005

THE  POSTS  MUST  FLOW
Clapping Larry
I mean, is this really news? Judges all just interpret the constitution however the gently caress they want anyway. If they agree then it's all "oh the constitution is the foundation for law in our great society blah blah blah" and if not then it's "well the Founding FathersTM, great as they were, couldn't have forseen all of the problems of our modern society and so hurr hurr hurr" This dude sounds like he's just stating his personal bias, but it's not like the rest of 'em don't have their own, in one way or another.

Business Gorillas
Mar 11, 2009

:harambe:



Tectonis posted:

Amendment 28: You have the inalienable right to suck my big 'ol Donkey dick, fuckman.

Murray Mantoinette
Jun 11, 2005

THE  POSTS  MUST  FLOW
Clapping Larry

Tectonis posted:

Amendment 28: You have the inalienable right to suck my big 'ol Donkey dick, fuckman.

I seem to have missed this before writing my rant, which I'm now retracting. From the text above it is clear that the Constitution is still a living document, and fundamental for the preservation of inalienable rights in our country.

Gamer With Dignity
May 15, 2016

by Nyc_Tattoo

Android Bicyclist posted:

Seventh Circuit Judge Richard Posner thinks the Constitution, the Bill of Rights, and post-Civil War amendments aren't really worth studying.


Posner's Full Op-Ed here.


TL;DR (Too Long, Don't Read) the basic laws of America. They were created by old dudes and they don't apply to life now. :911:

This is the guy who is going to replace Scalia.

Prorat
Aug 3, 2004

by FactsAreUseless
When the OP quote starts with "And" then it's probably out of context.

BeefThief
Aug 8, 2007

op aborted this thread all over the forumsc

Murray Mantoinette
Jun 11, 2005

THE  POSTS  MUST  FLOW
Clapping Larry

Prorat posted:

When the OP quote starts with "And" then it's probably out of context.

It's actually more or less in context, in that there's not much context for that quote in the rest of the op-ed. The first bit is him just complaining about law professors and teachers not having any actual practical experience lawing.

ScRoTo TuRbOtUrD
Jan 21, 2007

Horniest Manticore posted:

posner america's neg rear end

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VectorSigma
Jan 20, 2004

Transform
and
Freak Out



Amendment 37: Inasmuch as a thing exists, the right of the citizens to make porn of it shall not be infringed.

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