Forum Post: is this scalia ?
Posted 11 years ago on Aug. 7, 2012, 12:47 p.m. EST by bensdad
(8977)
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or is it willard's first SCOTUS appointee?justice ?
no joke:
willard;s pick for his Chairman of the romney Justice Advisory Committee: robert bork
yes - that robert bork
[Removed]
He's brilliant, experienced, and highly Constituted. He should be Chief Justice, and that's a fact. And you know, under the Constitution he's not required to wear any underwear at all.
scalia or bork ?
The original Bork?
I like the idea of a political neutrality, of judging in accordance to an originally intended constitutionality, which truthfully, for any historian willing to step outside the Federalist Papers, is not difficult to discern. I'm not a big fan of inconsistency, or activism, or the misuse of historically documented precepts to support activist claims. This applies to both the radical left and the radical right - there is no room for activism.
The court should not legislate; it should not serve as a legislative extension of a President or a majority in Congress, it should not serve to force-law the will of that President or Congress, and it definitely should not serve to subjugate all to their personal will.
It no longer matters - we no longer have a Constitution - precedent has erased all; the only right that remains is our 2nd Amendment. That's one that the court has neither the will or ability to decide in light of the 2 - 300 million guns in private hands, only we are capable of deciding that one.
Bork, I guess we'll never know. But I think Scalia is a little more liberal, less politically motivated, than he was. I don't know anything about anti-trust law but it would seem the impact of those changes over the last 30 years has been quite apparent to all, even the casual observer. And I've disagreed at times with some of the past's more conservative judges, too - Rehnquist in particular - and I'm not sure we would have been happy with Bork's activism, if any, at all.