The US Constitution is obsolete

[Byron In Exile]

That was then, this is now.

 

[JohnnySavage]

I've often wondered if quartering troops had ever been litigated. You'd think that some civil war era case would exist, although I've never researched it.

Could someone be a lamb and look into that for me?

 

[VaticanAssassin]

I've often wondered if quartering troops had ever been litigated. You'd think that some civil war era case would exist, although I've never researched it.

Could someone be a lamb and look into that for me?

http://law2.umkc.edu/faculty/projects/ftrials/conlaw/engblom.html

 

[Byron In Exile]

I've often wondered if quartering troops had ever been litigated. You'd think that some civil war era case would exist, although I've never researched it.

Could someone be a lamb and look into that for me?

You could be that lamb.

I have a certain amount of non-gay confidence in you...

 

[bronzeage]

That was then, this is now.

Although it is true, that was then and this is now, it's not much of an argument.

You could say this morning was earlier and tonight will be later and be just as relevant.

 

[JohnnySavage]

http://law2.umkc.edu/faculty/projects/ftrials/conlaw/engblom.html

The Appeals court overturned the District Court's granting of Summary Judgment to the Defendants and sent it back. What happened next?

 

[cjh]

lots to chew on in here: http://www.nytimes.com/2012/02/07/u...around-the-world.html?_r=1&ref=usconstitution

 

[unregistered]

 

[cjh]

Chew on the fact that America and it's Constitution are unique in the world. Though the many statists occupying space in academia and at the NYTs would love to see it go by the wayside for some Soviet style guarantee of liberty, it's probably going to be around for a while.

 

[Sean Renaud]

Chew on the fact that America and it's Constitution are unique in the world. Though the many statists occupying space in academia and at the NYTs would love to see it go by the wayside for some Soviet style guarantee of liberty, it's probably going to be around for a while.

Only because we can't be adults and talk about the stuff that no longer makes any sense. There is a real problem when it's common knowledge that you just use common sense and ignore the highest law of the land on a regular basis and pretty much everybody agrees that's what's best. Not changing the laws to reflect our modern sensabilities.

 

[JAMESBJOHNSON]

Chew on the fact that America and it's Constitution are unique in the world. Though the many statists occupying space in academia and at the NYTs would love to see it go by the wayside for some Soviet style guarantee of liberty, it's probably going to be around for a while.

Education hasnt kept up with the wonders contained in the Constitution. To a great degree reading the Constitution in 2012 is much like reading a mediocre translation of Tolstoy.

Last night I was reading about the original intent of the commerce clause. Folks like Washington understood 'regulation' to mean, RESTRICT, OPPOSE, LIMIT. That is, Congress' job was to keep the Feds outta national commerce as much as possible.

 

[Peregrinator]

Education hasnt kept up with the wonders contained in the Constitution. To a great degree reading the Constitution in 2012 is much like reading a mediocre translation of Tolstoy.

What.

The.

Fuck.

 

[JAMESBJOHNSON]

What.

The.

Fuck.

I knew you were gonna say THAT.

 

[TexasWife25]

The beauty of the constitution is the ability to alter it without having to throw the whole thing out and start again. The beauty of the supreme court( which i know, wasnt its ORIGINAL INTENTION) is their ability to .. find new meaning in old laws.

 

[unregistered]

 

[TexasWife25]

The beauty of the Constitution is it's ability to be "legally" amended, not reconstructed by activist judges who want it to mean anything they desire, if so it means nothing at all.

*shrug* I dont have a problem with SCOTUS interrupting laws however they choose. Sometimes I agree with them, sometimes Im baffled. Their decisions arent etched in gold. If theres enough outrage, a case will be put together and argued before the court again.

 

[Ldy_Sea]

I've often wondered if quartering troops had ever been litigated. You'd think that some civil war era case would exist, although I've never researched it.

Could someone be a lamb and look into that for me?

No civil war case would exixt BECAUSE it only refers to quartering of troops in peacetime.

No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. IN war time laws can be passe dabout how and when Sliders can be quartered in private residences.

 

[JAMESBJOHNSON]

The beauty of the constitution is the ability to alter it without having to throw the whole thing out and start again. The beauty of the supreme court( which i know, wasnt its ORIGINAL INTENTION) is their ability to .. find new meaning in old laws.

John Marshall found plenty of new meaning in new laws.

 

[JohnnySavage]

No civil war case would exixt BECAUSE it only refers to quartering of troops in peacetime.

No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. IN war time laws can be passe dabout how and when Sliders can be quartered in private residences.

Which is why I used "civil war" as a modifier for "era"

I don't understand your last sentence. Can you rephrase it in the form of a language?

 

[KingOrfeo]

I've often wondered if quartering troops had ever been litigated. You'd think that some civil war era case would exist, although I've never researched it.

Could someone be a lamb and look into that for me?

Actually, no, that has never come up since the BoR was ratified.

 

[renard_ruse]

The beauty of the Constitution is it's ability to be "legally" amended, not reconstructed by activist judges who want it to mean anything they desire, if so it means nothing at all.

Eloquent response to a dumb post.

 

[renard_ruse]

The Constitution can't be understood without studying key decisions interpreting it.

Its sort of like reading the Torah, without ready the Talmudic commentaries.

 

[KingOrfeo]

The beauty of the Constitution is it's ability to be "legally" amended, not reconstructed by activist judges who want it to mean anything they desire, if so it means nothing at all.

Britain has a Constitution too, y'know, despite lacking any one document that can be called the "British Constitution" -- at any rate, the Brits have well-developed if imprecise legal concepts as to what is "constitutional" or "unconstitutional"; reduction to a single definitive written expression is not an essential element of constitutions.

 

[eyer]

If anyone is sincerely interested in learning why and what happened during the Constitutional Convention, ie, how - exactly - the Constitution itself came about...

...there's never been any other primary source than Madison's notes.

In them, you can read for yourself why there are 3 branches, not 2; exactly why the Commerce Clause was considered vital; and why virtually every item that became known as the Bill of Rights was first debated and then rejected as desirable for inclusion into the C itself.

Read Madison's fascinating intro to his notes here:

http://constitution.org/dfc/dfc_0001.txt

And then read literally day-by-day the business of the summer in Philadelphia that changed the world:

http://constitution.org/dfc/dfc-0000.htm


Beware, though:

This isn't suitable stuff for 99.9% of the GB...
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[Joeybagadonuts]

Although it is true, that was then and this is now, it's not much of an argument.

You could say this morning was earlier and tonight will be later and be just as relevant.

That was then and this is now has great significance to me. I don't always practice it but I do it believe in living in the moment; the moment being the only true reality. What ever happened in the past will not ever happen the same way again if it happens at all. People sometimes live in the past and feel those same emotions or pains several times instead of once. The same for the future. Some people tend to worry about something that might happen in the future. Instead of living that experience once, they live it over and over again with all that pain.

Turn the page, move on.