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Author Topic: Scalia Shuffles Off  (Read 9079 times)

Skyth

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Re: Scalia Shuffles Off
« Reply #75 on: February 23, 2016, 04:56:48 pm »
Quote from: Juniperberry;186999
He also made sure he always had a liberal on his staff so that he wouldn't be listening to an echo chamber.

I agree with his dissent on same-sex marriage only in the sense that marriage itself, a very personal and human thing, should have remained a State matter that was always open and fluid to the vote of the people and not out of our hands within federal legislature.


(Just a generic reply to the thread).

On of the things that really bothered me about Scalia was his lack of ethics. Other justices would recuse themselves from cases where there were potential conflicts of interests.  Scalia refused to do this, even though his wife was heavily involved in campaigning about stuff that he ruled on.

Plus there's the fact that he was enjoying a trip paid for and at the home of someone who benefited from his ruling.

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Re: Scalia Shuffles Off
« Reply #76 on: February 24, 2016, 07:52:09 am »
Quote from: Juniperberry;186999
I agree with his dissent on same-sex marriage only in the sense that marriage itself, a very personal and human thing, should have remained a State matter that was always open and fluid to the vote of the people and not out of our hands within federal legislature.

Would you also say the same thing for other civil rights issues? For example, should whether blacks and whites can marry also have been left to the states?
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Juniperberry

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Re: Scalia Shuffles Off
« Reply #77 on: February 24, 2016, 01:00:09 pm »
Quote from: RandallS;187177
Would you also say the same thing for other civil rights issues? For example, should whether blacks and whites can marry also have been left to the states?


 
Interracial and same sex marriage are both issues that reached the SC precisely because of the people of the states. States serve as pockets of ... innovation...to advance new legislation the federal government is not yet ready to consider...NYT And when same sex marriage and interracial marriage became matters of state policy it then changed national policy. Local government empowers the people. Local government and politics is where our voice is at.

Another thing to remember is that by legalizing same sex marriage on the state level, it becomes part of the constitution of the state. While the U.S. constitution is the supreme law, it's  just a general guideline that states must adhere to in their own lawmaking process. That has always been the spirit of our country's government. We allow the people freedom to regulate themselves so long as their choices comply with a *basic* framework of liberties. It was the state constitutions that first abolished slavery, not the US constitution.

Consider also that opponents of FMA cited the federalism argument, claiming that it was not the role of the federal government to regulate marriage. FMA, if you remember, was the Federal Marriage Amendment which sought to ban same-sex marriage on a national level regardless of state votes that had legalized it, which was a clear violation of state rights.

It was the landmark ruling in the state Supreme Court of Hawaii in favor of gay marriage that changed the way states began interpreting their own constitutions concerning same sex marriage. Then DOMA was signed and it became *federal law* that marriage was between a man and a woman only, which overturned progress and led to the banning of same sex marriage in Hawaii. The Supreme Court then declared that the state has primary authority and states were again able to include same sex marriage in their constitutions.

As one person said about same sex marriage: our constitution hasn't changed, our country has changed. And our country can only change when we allow the people to change-- and the U.S. constitutions serves to provide us with that freedom.


So, to answer your question on my philosophy about state authority versus federal authority: yes.
The pace of progress in artificial intelligence (I’m not referring to narrow AI) is incredibly fast. [...] The risk of something seriously dangerous happening is in the five year timeframe. 10 years at most.--Elon Musk

I am in the camp that is concerned about super intelligence," [Bill] Gates wrote. "First the machines will do a lot of jobs for us and not be super intelligent. That should be positive if we manage it well. A few decades after that though the intelligence is strong enough to be a concern. I agree with Elon Musk and some others on this and don\'t understand why some people are not concerned."

Juniperberry

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Re: Scalia Shuffles Off
« Reply #78 on: February 24, 2016, 01:04:17 pm »
Quote from: Juniperberry;187185


So, to answer your question on my philosophy about state authority versus federal authority: yes.

 
And fwiw, the last miscegenation law was still in place in 2000 in the state constitution of Alabama. It wasn't enforceable, but the state still retained the authority to include it in its legal code. It was finally removed from the constitution by popular vote.
The pace of progress in artificial intelligence (I’m not referring to narrow AI) is incredibly fast. [...] The risk of something seriously dangerous happening is in the five year timeframe. 10 years at most.--Elon Musk

I am in the camp that is concerned about super intelligence," [Bill] Gates wrote. "First the machines will do a lot of jobs for us and not be super intelligent. That should be positive if we manage it well. A few decades after that though the intelligence is strong enough to be a concern. I agree with Elon Musk and some others on this and don\'t understand why some people are not concerned."

DIASPORA-1963

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Re: Scalia Shuffles Off
« Reply #79 on: February 28, 2016, 11:12:05 am »
Quote from: MadZealot;186585
Well, that's interesting.

US politics being what it is, the President probably has a big chubby over the opportunity now in his hands.


A friend thinks that Scalia was murdered. I doubt that. He died, is all.
The High Court always needs its monstrous conservative, as it always needs its monstrous liberal - & its milky, woozy, soppy moderate. What the others are hardly matters. A HC in stalemate is just what the Country ordered; w/o a stifling stalemate, there is Civil War in the offing. Now & then, a ruling like Roe V Wade can come down, yes, but not too often. For the most part, Business & the upper 1/3 must be kept happy - or else!
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Re: Scalia Shuffles Off
« Reply #80 on: February 28, 2016, 03:35:33 pm »
Quote from: DIASPORA-1963;187301
A friend thinks that Scalia was murdered. I doubt that. He died, is all.
The High Court always needs its monstrous conservative, as it always needs its monstrous liberal - & its milky, woozy, soppy moderate. What the others are hardly matters. A HC in stalemate is just what the Country ordered; w/o a stifling stalemate, there is Civil War in the offing. Now & then, a ruling like Roe V Wade can come down, yes, but not too often. For the most part, Business & the upper 1/3 must be kept happy - or else!

Well, no, with a stalemate the rulings of lower courts will stand.

And as someone whose marriage is recognized by the federal government because of a relatively recent Supreme Court ruling, I think almost all of the court's rulings are relevant - they've decided the president, made corporations people and kept obamacare in place, among other rulings since RvW.
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DIASPORA-1963

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Re: Scalia Shuffles Off
« Reply #81 on: February 28, 2016, 10:48:14 pm »
Quote from: Jack;187316
Well, no, with a stalemate the rulings of lower courts will stand.

And as someone whose marriage is recognized by the federal government because of a relatively recent Supreme Court ruling, I think almost all of the court's rulings are relevant - they've decided the president, made corporations people and kept obamacare in place, among other rulings since RvW.

Yes, like Roe V Wade, that was a landmark ruling. But, if the HC made such rulings weekly - well, think - people would be even more sick of hearing from it than they are now. No, no - the HC must use its great power very sparingly, especially since it neither commands forces nor has holds purse strings. For the most part, the SC must be quiescent - must allow the rulings of the lower courts to stand, which is what it usually does do.
« Last Edit: February 28, 2016, 10:49:24 pm by DIASPORA-1963 »
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Re: Scalia Shuffles Off
« Reply #82 on: February 29, 2016, 03:25:03 pm »
Quote from: Altair;186846
Yeah, the "pillow over the face" frothing speculation from the far right has been thoroughly debunked:

http://www.latimes.com/nation/la-na-scalia-conspiracy-20160217-story.html
 
Besides, everyone knows the pillow has been under Scalia's ass, supporting it comfortably for years now. It is upholstered in rich tones of brown but filled only with the emptiest, most lightweight fluff of downy white. It's name is Clarence Thomas.

Who now will tell it what to think?


For the first time in TEN YEARS, the Pillow speaks!

Clarence Thomas Speaks During Oral Arguments for First Time in Decade

http://www.thedailybeast.com/cheats/2016/02/29/clarence-thomas-speaks-during-oral-arguments-for-first-time-in-decade.html
The first song sets the wheel in motion / The second is a song of love / The third song tells of Her devotion / The fourth cries joy from the sky above
The fifth song binds our fate to silence / and bids us live each moment well / The sixth unleashes rage and violence / The seventh song has truth to tell
The last song echoes through the ages / to ask its question all night long / And close the circle on these pages / These, the metamythos songs

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