Obama to fire gay military officer. Martinus pops vein.

Started by MadImmortalMan, May 08, 2009, 02:56:07 PM

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derspiess

#210
May 12, 2009, 01:03:16 PM
Quote from: The Minsky Moment on May 12, 2009, 12:11:40 PM
Our entire system of law is designed to permit and even encourage precisely that.  The federal Constitution is the supreme law of the land and any enactment in derogation of it is ultra vires.  Anyone adversely affected by an unconstitutional enactment can and should challenge it - and sometimes the best (or even only) way to get the requisite standing is to break it and then sue.

That sounds wonderful in theory, but when you get to the point of legislating from the bench, the system is being abused.
"If you can play a guitar and harmonica at the same time, like Bob Dylan or Neil Young, you're a genius. But make that extra bit of effort and strap some cymbals to your knees, suddenly people want to get the hell away from you."  --Rich Hall

Berkut

#211
May 12, 2009, 01:16:10 PM
Quote from: derspiess on May 12, 2009, 01:03:16 PM
Quote from: The Minsky Moment on May 12, 2009, 12:11:40 PM
Our entire system of law is designed to permit and even encourage precisely that.  The federal Constitution is the supreme law of the land and any enactment in derogation of it is ultra vires.  Anyone adversely affected by an unconstitutional enactment can and should challenge it - and sometimes the best (or even only) way to get the requisite standing is to break it and then sue.

That sounds wonderful in theory, but when you get to the point of legislating from the bench, the system is being abused.

Sure, but since we aren't at the point, who cares?

":Legislating from the bench" == "A decision made by a court I do not like".
"If you think this has a happy ending, then you haven't been paying attention."

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Valmy

#212
May 12, 2009, 01:18:36 PM
Quote from: Berkut on May 12, 2009, 01:16:10 PM
Sure, but since we aren't at the point, who cares?

":Legislating from the bench" == "A decision made by a court I do not like".

:yes:
Quote"This is a Russian warship. I propose you lay down arms and surrender to avoid bloodshed & unnecessary victims. Otherwise, you'll be bombed."

Zmiinyi defenders: "Russian warship, go fuck yourself."

derspiess

#213
May 12, 2009, 01:19:56 PM
Quote from: Berkut on May 12, 2009, 01:16:10 PM
Sure, but since we aren't at the point, who cares?

":Legislating from the bench" == "A decision made by a court I do not like".

My, I'm shocked to see you of that opinion :lol:
"If you can play a guitar and harmonica at the same time, like Bob Dylan or Neil Young, you're a genius. But make that extra bit of effort and strap some cymbals to your knees, suddenly people want to get the hell away from you."  --Rich Hall

ulmont

#214
May 12, 2009, 01:21:36 PM
Quote from: Valmy on May 12, 2009, 01:18:36 PM
Quote from: Berkut on May 12, 2009, 01:16:10 PM
Sure, but since we aren't at the point, who cares?

":Legislating from the bench" == "A decision made by a court I do not like".

:yes:

:yes:

Berkut

#215
May 12, 2009, 01:21:59 PM
Quote from: derspiess on May 12, 2009, 01:19:56 PM
My, I'm shocked to see you of that opinion :lol:

No more stunning than to find that you have yet another contrived reason to be against gay marriage, I am sure. :P
"If you think this has a happy ending, then you haven't been paying attention."

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The Brain

#216
May 12, 2009, 01:28:40 PM
What's hard about coming out and saying that you hate gays? I hate gays with a passion.
Women want me. Men want to be with me.

derspiess

#217
May 12, 2009, 01:30:20 PM
Quote from: Berkut on May 12, 2009, 01:21:59 PM
No more stunning than to find that you have yet another contrived reason to be against gay marriage, I am sure. :P

If you want to think I just hate gay people, go ahead.  I won't lose any sleep over it.
"If you can play a guitar and harmonica at the same time, like Bob Dylan or Neil Young, you're a genius. But make that extra bit of effort and strap some cymbals to your knees, suddenly people want to get the hell away from you."  --Rich Hall

garbon

#218
May 12, 2009, 01:34:33 PM
I don't think you have to hate them, but it is curious how you always come up with contrived reasons to be against gay marriage...when it seems like you don't really care much about it either way.  It is more like selfish best interest, in that you don't see any benefit for you...so it isn't needed.
"I've never been quite sure what the point of a eunuch is, if truth be told. It seems to me they're only men with the useful bits cut off."
I drank because I wanted to drown my sorrows, but now the damned things have learned to swim.

Berkut

#219
May 12, 2009, 01:37:54 PM
Quote from: derspiess on May 12, 2009, 01:30:20 PM
Quote from: Berkut on May 12, 2009, 01:21:59 PM
No more stunning than to find that you have yet another contrived reason to be against gay marriage, I am sure. :P

If you want to think I just hate gay people, go ahead.  I won't lose any sleep over it.

Nah, nothing as strong as hate. More of a mix of dislike and partisan loyalty with a healthy dose of simple conservatism thrown in.

What is more relevant are the reasons I do NOT think are real, rather than the ones that I do think are real.
"If you think this has a happy ending, then you haven't been paying attention."

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Admiral Yi

#220
May 12, 2009, 01:43:10 PM
Quote from: Berkut on May 12, 2009, 01:16:10 PM
Sure, but since we aren't at the point, who cares?

":Legislating from the bench" == "A decision made by a court I do not like".
I think Roe v. Wade would be a good law and it's legislating from the bench.

Berkut

#221
May 12, 2009, 01:45:57 PM
I don't think court decisions can be laws. Would that be judiciating from the legislature?
"If you think this has a happy ending, then you haven't been paying attention."

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crazy canuck

#222
May 12, 2009, 01:48:55 PM
Quote from: Berkut on May 12, 2009, 01:45:57 PM
I don't think court decisions can be laws. Would that be judiciating from the legislature?

they are not statutory law but they certainly form part of the common law.

MadImmortalMan

#223
May 12, 2009, 01:49:18 PM
The court can always decide the other way the next time if they want to.
"Stability is destabilizing." --Hyman Minsky

"Complacency can be a self-denying prophecy."
"We have nothing to fear but lack of fear itself." --Larry Summers

crazy canuck

#224
May 12, 2009, 02:01:22 PM
Quote from: derspiess on May 12, 2009, 01:03:16 PM
Quote from: The Minsky Moment on May 12, 2009, 12:11:40 PM
Our entire system of law is designed to permit and even encourage precisely that.  The federal Constitution is the supreme law of the land and any enactment in derogation of it is ultra vires.  Anyone adversely affected by an unconstitutional enactment can and should challenge it - and sometimes the best (or even only) way to get the requisite standing is to break it and then sue.

That sounds wonderful in theory, but when you get to the point of legislating from the bench, the system is being abused.

Since the legislature already gave the Courts the jurisdiction to find any enactment unconstitutional, I am not sure what point you are trying to make.
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