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What happens if 26 states vote for medical weed?
Message
From
06/06/2011 20:09:05
 
 
To
06/06/2011 18:56:53
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Forum:
Politics
Category:
Other
Miscellaneous
Thread ID:
01512494
Message ID:
01513287
Views:
50
>>>>>< snip >
>>>>>
>>>>>>I have little faith in the system as it has been completely corrupted. The very concept of a "living constitution" invalidates the Constitution itself. If it is not the supreme law of the land, but instead open to interpretation then all laws are subject to the same whims of political expediency.
>>>>>>
>>>>>>>> The courts recently have been negligent at best in their duty to the Constitution.
>>>>>>>
>>>>>< snip>
>>>>>
>>>>>This is a really interesting statement. I'm hard pressed to imagine how any document created by human beings (especially in committee) could not be open to interpretation.
>>>>>
>>>>>It seems to me that what you're really saying is that when you read it, you interpret it correctly and anyone who reads it differently is merely 'interpreting' it and should therefore be disallowed from doing so.
>>>>>
>>>>>Of course, that's just my interpetation. ;)
>>>>
>>>>Of course there is more than merely the "document" itself available for anyone wishing to understand the meaning behind it. There are the vigoous debates, the writings of the authors and signators, etc available to examine to understand the intent and meaning behind the finalized words. The Constitution stands as the supreme law of the land and is not open to interpretation. Again, if the supreme law of the land is not set then all laws established under it are meaningless. Thus, no law. Times change and the Founding Fathers established a mechanism requiring supermajorities of the Congress and the States for the Constitution to be amended to account for those changes. It is meant to be difficult to ensure that the whims of the present leaders cannot easily undo the founding principals without rigorous debate and overwhelming agreement.
>>>
>>>I'm sorry, but I still stand by my statement that pretty much anything written by human beings is open to interpretation
>>
>>1+1=2. Interpretation? ;)
>
>Hmmm... ok maybe not math. But wait, how about perturbative math?
>
>>
>>>- including the writings of the authors and signators on what they meant when they authored the document. You see all this as black and white and I suppose in your eyes it is, but your eyes are not the only eyes looking at it.
>>
>>
>>
>>>It's one of the reasons there are constitutional lawyers, constitutional professors and constitutional experts. They all have their own interpretations of what the pieces of the constitution say. But according to you, they have no right to those interpretations, only to yours, which, according to you is not actually an interpretation, but rather a statement of the true meaning.
>>
>>They are free to study, examine and interpret at their will. They may discuss, debate, offer legal opinion ad naseum, as they are not judges.
>
>Ah, so when you said The Constitution stands as the supreme law of the land and is not open to interpretation. you only meant judges.

The judiciary is the final arbitrer of the Constitutionality of law. While legislators swear to "support and defend the Constitution of the United States against all enemies, foreign and domestic" and the President swears "to the best of my Ability, preserve, protect and defend the Constitution of the United States" it is the judiciary who are sworn to "administer justice...under the Constitution". Legislators write laws. The President enacts them and the judiciary determines Constitutionality. That you or I or a lawyer or a professor has an opinion is our right but it has zero bearing on the law.

I thought it obvious that I was referring to judicial interpretation. I apologize if I was vague.

>>Judges "solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as [TITLE] under the Constitution and laws of the United States. So help me God."
>>http://www.supremecourt.gov/about/oath/textoftheoathsofoffice2009.aspx
>>
>>Upon taking the oath of office their opinion and/or interpretation regarding the Constitution is moot. Now they are to uperate under it's rule. They cannot favor rich over poor any more than they can favor one amendment over another.
>
>Define 'rich'. Define 'poor' and why isn't the middle class mentioned; don't they deserve justice too?

I believe you're being funny but just in case..."class" is not mentioned. The specific definitions of "rich" and "poor" are irrelevant. Takes together the terms represent all citizens regardless of wealth. If you really want to get cute with modern definitions consider rich and poor to be in regards to family or friends or spirit. ;)

>And while we're at it, since the amendments were written by imperfect human beings, can there not be conflicts?

Of course and the Constitution has mechanisms to handle them. See the 18th and 21st amendments for examples of Constitutional conflicts.

>I Agree. They must operate under it's rule, but how does one do that without interpreting the rules under which they are to operate. How can they know they are in compliance with those rules without interpreting them? Get someone else to do the interpreting for them?
>We all operate under rules. We have rules where I work, but in order to comply I must have interpretations of what those rules mean - even if the interpretations are subconsciously my own.

Your interpretation of your company's work rules may provide you with something to think or talk about but it has no bearing on the actual company policy. That will be provided by the company. If you are uncertain of the specifics of a policy you would be well advised to seek the answer from human resources rather than relying on your interpretation, conscious, subconscious or unconscious. ;)
Wine is sunlight, held together by water - Galileo Galilei
Un jour sans vin est comme un jour sans soleil - Louis Pasteur
Water separates the people of the world; wine unites them - anonymous
Wine is the most civilized thing in the world - Ernest Hemingway
Wine makes daily living easier, less hurried, with fewer tensions and more tolerance - Benjamin Franklin
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