The ideologues on the Supreme Court don’t necessarily decide what’s constitutional and what’s not constitutional, they only decide what’s gonna be “legal” or “illegal” according to the political ideological agenda behind written law and according to which political ideological partisan half of the duopoly is in the majority on the Court. Would you agree with that? If not, why not?
Yes, the justices on the SCOTUS definitely decide what is Constitutional, according to their interpretation of the Constitution. In the overwhelming majority of cases, this is a split decision, which should be your first clue that people very often have differing interpretations of what the Constitution says. In all cases, both sides generally write an opinion supporting their interpretation, and it is legitimately supported by specific articles and amendments found in the Constitution. Again, if the comprehension and understanding of our Constitution was crystal clear for everyone, how could this be the case? Wouldn't they simply all read the Constitution to mean the same thing? The fact is, these 9 specially appointed people, who have devoted their lives to understanding the Constitution, can and do, often disagree on what it says.
Now we could get into a very deep philosophical conversation over what the court has ruled the Constitution means, and what we believe the Founding Fathers intended it to mean, or what the unvarnished truth of the document reveals in meaning. For example, when the Constitution was written and ratified, no one interpreted the Constitution to give slaves the right to freedom, and a large chunk of our population remained in shackles and chains. Obviously, at that time, it wasn't unconstitutional, but obviously to us today, it is highly unconstitutional. So what happened? Well, the 13th and 14th Amendments happened! Not to mention a civil war. Over time, society changed the meaning of "person" to include black persons, who were previously determined to be akin to livestock. Still, for another hundred years, the court upheld that it wasn't unconstitutional to deny black people the right to vote. Now, in retrospect, it was unconstitutional, we now have that understanding and interpretation without question, but during that time, when the court heard the cases, it was not interpreted this way. No one was running around claiming the courts were ignoring the Constitution, we accepted their interpretation as Constitutional. When we disagree, as a society, with how the court has interpreted the Constitution, we can ratify a new amendment in order to clarify the interpretation. Or in the case of voter suppression, we can pass a legislative act which is based on the Constitution, to which the court then has to consider in its findings. Still, the point I have been making is, the actual interpretations of the Constitution varies from person to person, there is no 'universal' understanding or interpretation.
Not at all. I’ve already given you the solution to America’s woes. Find, support and vote for constitutionalist candidates to replace the crooked morons and socialist bastards that now occupy our government whereby they, (the constitutionalist), when in the seats of power will select constitutionalist judges to the courts. Would you agree with that? If not, why not?
Again.... We can all have a variety of interpretations on what the Constitution says. SCOTUS cases are very rarely unanimous, so we know for a fact that thinking intelligent people can often disagree starkly, on what the Constitution says and means. I can only assume, by "constitutional candidate" you mean a candidate who's interpretation of the Constitution varies from what has currently been determined to be Constitutional by the court. That being the case, you could just as easily say you support the "unconstitutional candidate!" Because what IS Constitutional at the time, is what the SCOTUS rules is Constitutional. If we disagree, we have several avenues available to change things. What you mean by "constitutional candidate" is someone who shares your same opinion on interpretation. There is nothing to ensure a less ideological viewpoint, just one that is different from the current viewpoint.
But there is no constitutional protection for what you claim as “traditional marriage.” On the contrary, amendment 9 of our Constitution protects the rights of citizens to do whatever they want as long as they don’t violate any right or freedoms of others and you have no valid argument showing how gay marriage contracts violate anybody’s rights or freedoms. Do you agree with that? If not, why not?
No, you have an OPINION on what Amendment 9 says and means, it's YOUR interpretation. Others disagree with you, that is the point I have been trying to get you to understand. The 9th certainly does NOT say that we can do whatever the hell we please as long as its not violating the rights of someone else. If that is what was intended, it would say those words exactly, but it doesn't. Therefore, it is open to interpretation. This is precisely what scares me about you and your "constitutional" candidates. You want to pretend, since you've tagged the label "constitutionalist" to them, they somehow have a hubris over the rest of us in their interpretation and understanding of the constitution.
But you present no interpretation of your own in opposition to mine. So, apparently you must totally agree with my interpretations. If not, why not? Have you any credible arguments you wish to back up with constitutional articles or amendments? If not, why not?
Because the argument here is not about whether I personally agree or disagree with your interpretations. I'm merely pointing out reality to someone who is stuck in a fantasy world. Not everyone agrees with your interpretation of the Constitution. We can argue back and forth over our interpretations of what the Constitution says, but the bottom line is, we're not on the SCOTUS, so it really doesn't matter. And even the SCOTUS is most likely going to have disagreement on what the Constitution says, on any given case.
The Constitution goes out of its way to restrict power of the Federal government. I can't find where it grants government the authority to even sanction traditional marriage, much less, attempt to define it for everyone, based on sexuality. It certainly doesn't give government the authority to tell me that marriage includes homosexuals, when my religious beliefs forbid homosexual unions. This is encroaching on my 1st Amendment rights to free religious expression. And by the way, you don't HAVE to agree with my interpretation here, I acknowledge that.
But this discussion/argument is just between you and me. As long as we agree is all that actually matters in this discussion. Of course you totally agree with me because you deliver no opposing arguments to anything I’ve said. The Supreme Court is made up of political partisan ideologues, right? The Supreme Court doesn’t necessarily decide what is constitutional or not constitutional, the courts simply decide what’s “legal” and what’s “not legal,” right? There’s no constitutional protection for what you call “traditional marriage” and the 9th amendment protects people’s right to do whatever they want including making marriage contracts with whoever they want as long as they don’t violate any right or freedom of others and you have no rational argument showing how a gay marriage contract violates any right or freedom of others, right? The Drug War is unconstitutional because the 4th amendment guarantees the right of people’s privacy and the 9th amendment protects the people’s right to put into their own bodies whatever they want and the 14th amendment guarantees equal protection of the law and since the government had to pass and ratify the 18th amendment to prohibit alcohol, the government surely would have to pass and ratify an amendment to prohibit drugs, right? If I’m wrong about all of these things, WHERE and WHY am I wrong?
Now that’s the real kicker!!!
Please respond with credibility, constitutional evidence and rational conversation. Your excuses crying about being victimized and dictated to by libertarians is getting very boring and tiring.
As you can see, we fundamentally disagree from the start, and your entire argument is based on how you start. I reject the notion that I must present an argument against your points in order to conclude that others disagree with your point. It should be self-evident, unless you are the world's biggest narcissist, that everyone doesn't agree with your viewpoint, understandings and interpretations regarding the Constitution.
You may very well have some valid opinions regarding the 4th and 9th, but you don't have a vote on the SCOTUS, so your opinions don't matter. They are going to ultimately decide what is or isn't "constitutional" and law of the land. Most of the time, they are going to sharply disagree on those interpretations, and both sides will release an opinion, and it will articulate specific points and understandings of their constitutional interpretations.
You like to run to the Founding Fathers and what they intended, but through the course of our history, We The People have acted as the Founding Fathers, and written 27 various intentions into the Constitution. Blasphemous as that may seem to a Purist such as yourself, we have very often petitioned government for a redress of grievance, assembled and demanded reforms, and ultimately changed our nation. This process has been never-ending. To somehow pretend we can't change the meaning and intent of the Founding Fathers in the Constitution, is quite simply absurd and ignorant, given our history of doing precisely that. You argue that the Patriot Act is "unconstitutional" but that is your opinion based on your interpretation, the fact remains, not everyone agrees with your opinion, most importantly, the justices sitting on the SCOTUS. Granted, some of the justices made your very arguments, but the court ruled the Patriot Act was within the bounds of Constitutionality.
Now you are free to disagree with their ruling. You can maintain that it's not constitutional, and you can assemble, petition for redress, pass legislation or even amend the Constitution, but you simply can not state that the Patriot Act IS unconstitutional. At this time, it's not, according to SCOTUS ruling. I don't have to counter your arguments to point this fact out. The bottom line is, not everyone agrees with your opinion.