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Political Threads This section is for Political Threads - Enter at your own risk. If you say you don't want to see what someone posts - don't read it :hihi:

 
 
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Old 02-06-2023, 12:53 PM   #1
Pete F.
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Join Date: Jun 2003
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Quote:
Originally Posted by Jim in CT View Post
FFS, if you’re going to bash “originalism”, maybe you should have some small clue what it is. Originalists rely on the original text of the constitution. has any influential originalist, ever, made a constitutional argument because they saw on the internet that george washington said something? that’s all that conservatives ever rely on?

jesus god almighty man. try a little harder. where do you get this garbage?
Apparently the same place as you.
You need look no further than Alito’s opinion overturning Roe where he cited opinions of four British judges as the basis for his argument.

“ of the standard the Court has applied in determining whether an asserted right that is nowhere mentioned in the Constitution is never- theless protected by the Fourteenth Amendment. The Solicitor Gen- eral repeats Roe’s claim that it is “doubtful . . . abortion was ever firmly established as a common-law crime even with respect to the destruc- tion of a quick fetus,” 410 U. S., at 136, but the great common-law au- thorities—Bracton, Coke, Hale, and Blackstone—all wrote that a post- quickening abortion was a crime.
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Frasier: Niles, I’ve just had the most marvelous idea for a website! People will post their opinions, cheeky bon mots, and insights, and others will reply in kind!

Niles: You have met “people”, haven’t you?

Lets Go Darwin
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Old 02-06-2023, 01:05 PM   #2
Jim in CT
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Quote:
Originally Posted by Pete F. View Post
Apparently the same place as you.
You need look no further than Alito’s opinion overturning Roe where he cited opinions of four British judges as the basis for his argument.

“ of the standard the Court has applied in determining whether an asserted right that is nowhere mentioned in the Constitution is never- theless protected by the Fourteenth Amendment. The Solicitor Gen- eral repeats Roe’s claim that it is “doubtful . . . abortion was ever firmly established as a common-law crime even with respect to the destruc- tion of a quick fetus,” 410 U. S., at 136, but the great common-law au- thorities—Bracton, Coke, Hale, and Blackstone—all wrote that a post- quickening abortion was a crime.
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it’s stupid to reference british judges. all he had to do is say “the idea that protection against illegal search and seizure was designed to allow for infanticide, is stupid, and obviously not what’s in the constitution.”.
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Old 02-06-2023, 01:10 PM   #3
Jim in CT
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Join Date: Jul 2008
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Quote:
Originally Posted by Pete F. View Post
Apparently the same place as you.
You need look no further than Alito’s opinion overturning Roe where he cited opinions of four British judges as the basis for his argument.

“ of the standard the Court has applied in determining whether an asserted right that is nowhere mentioned in the Constitution is never- theless protected by the Fourteenth Amendment. The Solicitor Gen- eral repeats Roe’s claim that it is “doubtful . . . abortion was ever firmly established as a common-law crime even with respect to the destruc- tion of a quick fetus,” 410 U. S., at 136, but the great common-law au- thorities—Bracton, Coke, Hale, and Blackstone—all wrote that a post- quickening abortion was a crime.
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although he was apparently responding to a comment from the solicitor general. doesn’t matter if abortion is a crime or not, that’s not what the supreme court decided. overturning roe did not make abortion illegal. it returned the question to the states where it belongs. The supreme court didn’t say that states cannot outlaw abortion. your side doesn’t seem to grasp that. the supreme court decided, correctly, that it’s not a federal issue. The constitution specifies the things that are federal issues, and says everything else goes to the states.

At the state level, have the argument about whether or not it should be legal.
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