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Biden claims that 'the Constitution is always evolving'

Counselor706

Counselor706

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The president noted that there are "several schools of thought" when it comes to "judicial philosophy," and that he is seeking an individual whose philosophy indicates that the Constitution has "unenumerated rights" and that "all the amendments mean something, including the Ninth Amendment."

The Ninth Amendment states that, "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

Graham Ledger fired back in response to Biden's comments, tweeting, "Well Joe, I guess your marriage contract is always evolving, correct? If the constitution is always evolving, then your home mortgage is evolving, right? The constitution is a contract between we the people & our government & it does not change unless WE change it. Marxist!"
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Source
 
Bud_Spencer said:
That's what Article V is for, after all. Have fun!
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Nah. We've got a decades and decades of the much more successful system of ignoring the Constitution whenever it gets in between us and something we want. ITs much, much simpler than using the official channels.
 
Sean Renaud said:
Nah. We've got a decades and decades of the much more successful system of ignoring the Constitution whenever it gets in between us and something we want. ITs much, much simpler than using the official channels.
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Well, you are a Democrat, so I find it impossible not to agree with you completely.
 
Bud_Spencer said:
Well, you are a Democrat, so I find it impossible not to agree with you completely.
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ITs more that you can't deny the simple truth of how it goes. I don't see you fighting to end the Drug War. Why is that? Hell you're big on the border aren't you?
 
Sean Renaud said:
ITs more that you can't deny the simple truth of how it goes. I don't see you fighting to end the Drug War. Why is that? Hell you're big on the border aren't you?
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I'm ambivalent about the DW, but you've hit on a good point about it. When we had Prohibition, it took a constitutional amendment. Now we have, up to a couple of years ago, essentially the same thing imposed with mere statute. That has loosened considerbly, as you know, with states allowing drug sales and use within their borders, so I can see some federalism at work, finally.
 
"Marxist"? He's not saying anything that is not backed up by more than a century of constitutional jurisprudence. None of it written by Marxists.
 
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Bud_Spencer said:
I'm ambivalent about the DW, but you've hit on a good point about it. When we had Prohibition, it took a constitutional amendment. Now we have, up to a couple of years ago, essentially the same thing imposed with mere statute. That has loosened considerbly, as you know, with states allowing drug sales and use within their borders, so I can see some federalism at work, finally.
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The thing is its still illegal at the federal level, now I'm not a fan of state rights BUT nothing in the Constitution covers drug use so shouldn't federal laws. Really anything that doesn't cross state lines (Which could be handled by both) just us ignoring the 9th because it would be bothersome to follow it?

Its been a while but I don't recall much in the Constitution on borders one way or the other. Forgive me if I misread the 2nd Amendment where does it mention this right (privilege) does not engage until you turn 18 or shall be revoked upon committing a crime? I'm still waiting for the part that grants us the right to interfere in the affairs of other nations. Can you please enlighten me?

I'm perfectly happy with the "Well the Founders didn't live in a world where someone in England to simply erase DC if they chose and we need to be proactive not reactive. But that's us making up the rules as we go.
 
It's an old document that maybe hasn't evolved enough. Some nations with newer documents saw what didn't work here and started with improvements. We may see some improvement with the current push for a constitutional convention.
 
Sean Renaud said:
The thing is its still illegal at the federal level, now I'm not a fan of state rights BUT nothing in the Constitution covers drug use so shouldn't federal laws. Really anything that doesn't cross state lines (Which could be handled by both) just us ignoring the 9th because it would be bothersome to follow it?

Its been a while but I don't recall much in the Constitution on borders one way or the other. Forgive me if I misread the 2nd Amendment where does it mention this right (privilege) does not engage until you turn 18 or shall be revoked upon committing a crime? I'm still waiting for the part that grants us the right to interfere in the affairs of other nations. Can you please enlighten me?

I'm perfectly happy with the "Well the Founders didn't live in a world where someone in England to simply erase DC if they chose and we need to be proactive not reactive. But that's us making up the rules as we go.
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You really need to take a refresher on the Constitution.
 
Lol...and how many amendments are there?

Stone age folks determined to live in the stone age.
 
Chernosoth said:
It's an old document that maybe hasn't evolved enough. Some nations with newer documents saw what didn't work here and started with improvements. We may see some improvement with the current push for a constitutional convention.
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Bear in mind that such a convention cannot be confined to any particular agenda. E.g., it would be perfectly in order to propose repealing the compensation clause of the 5th Amendment -- which opens the door to nationalizing any industry.
 
Rightguide said:
If it is, it should evolve through the amendment process, not be judicial fiat.
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The Constitution has been evolving by judicial fiat ever since Marbury v. Madison. That has been part of the system almost as long as the Republic has existed.
 
Bud_Spencer said:
27. What makes youthink more is better?
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Yes...a few old ones could be eliminated and a few news could be added for sure.

It's called changing with the times and that only means changing with the people...the law is supposed to serve the people....right?
 
WillJ8787 said:
Yes...a few old ones could be eliminated and a few news could be added for sure.

It's called changing with the times and that only means changing with the people...the law is supposed to serve the people....right?
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Absolutely. But I'm thinking you have in mind more things like organized plunder, no?
 
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