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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.
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# ¿ Jun 28, 2016 03:10 |
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# ¿ Apr 28, 2024 13:20 |
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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.
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# ¿ Jun 28, 2016 03:18 |
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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?
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# ¿ Jun 28, 2016 03:37 |
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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
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# ¿ Jun 28, 2016 03:39 |
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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.
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# ¿ Jun 28, 2016 03:43 |