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And Obama wants more taxes?
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Pablo
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PostPosted: Wed Sep 21, 2011 11:21 am    Post subject: 41 Reply with quote

Scurra wrote:
Pablo wrote:
I also want it to respect the Constitution and restore the value of individual liberty.
Hmmm. Isn't this a large part of the problem though


Yes. This is a big part of the problem here in the U.S. We want our government to respect the Constitution. Maybe we need a constitutional amendment making it illegal to want that.

And yes, I'm sure we're dangerously close to requiring congressional declaration of war before committing troops, based on MY interpretation of the Constitution.
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Pablo
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PostPosted: Wed Sep 21, 2011 12:20 pm    Post subject: 42 Reply with quote

Scurra wrote:
I challenge you to ask a single member of Congress or the Senate if they think they are not respecting the Constitution and find anyone who says "well, of course, we think it is pernicious and needs to be repealed immediately."


That's a completely unrealistic and unreasonable challenge. However....

Back when Clinton was president, I sent an email to my then congressman, Peter DeFazio, of Oregon. I suggested that Clinton should be impeached for sending troops I-don't-remember-where without congressional declaration of war. It precipitated an exchange during which DeFazio absolutely admitted that he agreed we were in violation of the Constitution.

Several years later I saw him at the Downtown Athletic Club in Eugene, where we both worked out. I introduced myself to him at the water fountain and we chatted for a few minutes. This was during the Iraq war. We had the same conversation about Bush and he seemed as frustrated as I. He didn't remember our email exchange, but told me that he did answer many of his emails personally.
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raekuul
Lives under a bridge & tells stories.



PostPosted: Wed Sep 21, 2011 12:44 pm    Post subject: 43 Reply with quote

So, would you be a strict-constructionist (where the Government is severely limited by the words of the Constitution), or a loose-constructionist (where the Government is allowed to make and use their own interpretation of the spirit of the Constitution)?
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Silverfire
Daedalian Member



PostPosted: Wed Sep 21, 2011 12:52 pm    Post subject: 44 Reply with quote

There may not be people who believe in "not respecting the Constitution," but there are certainly many people who believe in interpreting the Constitution in ways other than finding out what it was actually meant to say. Of course, reasonable people may disagree on what the Constitution was meant to say, but some people oppose this goal itself.

For example, many people want to "reinterpret" (read: misinterpret) the Constitution to conform with modern values. The Constitution contains within it, clearly spelled out, a procedure for changing it to conform with modern values: amendment. Some people respect this, some don't.
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Pablo
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PostPosted: Wed Sep 21, 2011 1:53 pm    Post subject: 45 Reply with quote

raekuul wrote:
So, would you be a strict-constructionist (where the Government is severely limited by the words of the Constitution), or a loose-constructionist (where the Government is allowed to make and use their own interpretation of the spirit of the Constitution)?


That's really such a broad question that I'd have trouble answering it in a meaningful way.

I think most Americans could use a refresher course in history, with great emphasis on how and why the Constitution was written. There was great thought put into it, by men who had experienced life under a government that operated without limits of power. Over the years I think these lessons have been lost, especially in the last couple decades.

That said.....I would like to stay true to the original intent of the Constitution, government by the people, of the people and for the people. I'm also ok with some interpretation as the country evolves. That's why we have amendments. However, for this to work, the citizens really need to have a reasonable knowledge of the document AND of its history so we can discuss and enact changes, while maintaining the original spirit of it.

For example, a large number of Americans favor an amendment to outlaw burning of the flag. Whatever one thinks of flag burning, it needs to be kept in mind that this document's primary purpose is to protect the liberties of the citizens from the powers of government, NOT to limit the citizens' liberties. I believe the only other amendment that was designed to limit us was the 18th (prohibition), which was obviously repealed. But most people do not understand the significance of an amendment that limits the citizens rather than the government. I'd feel much better about amending the constitution if I thought people understood what they were doing instead of using it in a knee-jerk way to further their own opinions. An amendment to require a balanced budget, for example, while unlikely to pass and unlikely to work, would be more in keeping with what I believe the Constitution was meant to do. (I'm not proposing or favoring a balanced budget amendment, just using it as an example)
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Last edited by Pablo on Wed Sep 21, 2011 2:33 pm; edited 1 time in total
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extropalopakettle
No offense, but....



PostPosted: Wed Sep 21, 2011 2:31 pm    Post subject: 46 Reply with quote

I don't think it's at all possible to make sense of the Constitution without getting into interpretation of the spirit and intent. Some obvious examples:

2nd amendment, right to bear arms - To me it's clear that a literal interpretation of

Quote:
A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed.

implies the following (without equivocation)

Quote:
the right of the People to keep and bear arms shall not be infringed.


Then there's the whole "separation of church and state" thing. "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof ...". Well, allowing a Christian majority to erect religious monuments on government property ... this doesn't entail making any law, but I do think it violates the intent.

My personal favorite has always been the 9th amendment, which asserts that rights not mentioned shall not be denied:

Quote:
The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.


The brief wikipedia write-up on that touches on some interesting points, like:

Quote:
In 1789, while introducing to the House of Representatives nineteen[4] draft Amendments, James Madison addressed what would become the Ninth Amendment as follows:
Quote:
It has been objected also against a Bill of Rights, that, by enumerating particular exceptions to the grant of power, it would disparage those rights which were not placed in that enumeration; and it might follow by implication, that those rights which were not singled out, were intended to be assigned into the hands of the General Government, and were consequently insecure. This is one of the most plausible arguments I have ever heard against the admission of a bill of rights into this system; but, I conceive, that it may be guarded against. I have attempted it, as gentlemen may see by turning to the last clause of the fourth resolution.


It's certainly impossible to look to the Constitution for the meaning of the 9th amendment, as it talks about rights not mentioned in the Constitution.
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Pablo
Never Draws a Blank



PostPosted: Wed Sep 21, 2011 2:36 pm    Post subject: 47 Reply with quote

I completely agree with all of that. But I still would like to stay committed to the original spirit of it, and we can't do that with the current level of ignorance of the document that we have.

I would bet that less than 50% of Americans with high school diplomas could name the three branches of government, and of those who could, less than 50% could offer a rough idea of what each is supposed to do.

Again, I'm good with interpretation AND amendment, as long as we have a level of knowledge and history as a foundation to work from.
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Scurra
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PostPosted: Wed Sep 21, 2011 6:58 pm    Post subject: 48 Reply with quote

Maybe that is indeed the core of the problem - that the notions behind the Constitution and which drove it to be created are what has been lost. As I have said, I admire the US Constitution and a lot of the structures that it led to, but I too can bemoan what it has become. Our differences are over what the role of government should be, and I am not at all convinced that the Constitution is actually helpful in that discussion. (Not to mention that as I am not a US citizen I don't really have any "right" to say anything anyway!)

extro...; On the subject of the second amendment (sorry folks!) Do you keep a nuclear bomb under your bed? Would you feel that you are entitled to do so? Would you object if someone else did? Is that "arms" and if not, where does the line come? And that's without getting into the argument about whether the (clearly) unequivocal second clause can actually be considered independently of the first clause (I think not, you may disagree.)
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Pablo
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PostPosted: Wed Sep 21, 2011 7:17 pm    Post subject: 49 Reply with quote

Well-regulated militia.
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Zag
Tired of his old title



PostPosted: Wed Sep 21, 2011 9:24 pm    Post subject: 50 Reply with quote

Pablo wrote:
Well-regulated militia.

You're seriously going to direct us to a Confederate-flag-waving nutjob? Here is the first quote that inspired my high opinion of his open-mindedness:
Quote:
The media newswhores, the corrupt con-artists from the District of Criminals and the liberal education (indoctrination) system regularly distort the english language to suit their own socialist agenda.


There are actually good arguments against gun control as the majority of the Democratic Party would like to see it. He might even be saying some of them, but there's no chance I'm going to read through the crap to find it. I am actually a convert from the roles of gun control advocates, and I now support a position a lot closer to the Libertarian viewpoint on the issue. But it certainly wasn't any idiot rhetoric by anyone like this person that convinced me.

Seriously, if you're actually interested in convincing anyone, as opposed simply to starting a flame war, then choose your allies and your spokepersons with more thought.

Edit: Unless you were using irony to try to convince us to support gun control. But I don't believe that's your position, Pablo.
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raekuul
Lives under a bridge & tells stories.



PostPosted: Wed Sep 21, 2011 10:13 pm    Post subject: 51 Reply with quote

Quote:
The media newswhores, the corrupt con-artists from the District of Criminals and the [insert political leaning here] education (indoctrination) system regularly distort the english language to suit their own [insert economic philosophy here] agenda.


fixed
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Mackay
Saviour of Spiders



PostPosted: Wed Sep 21, 2011 10:59 pm    Post subject: 52 Reply with quote

Zag wrote:
Seriously, if you're actually interested in convincing anyone, as opposed simply to starting a flame war,

Pablo wrote:
waaaah waaaah That's not FAIR!

I'm gonna go ahead and say "he isn't".
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Pablo
Never Draws a Blank



PostPosted: Thu Sep 22, 2011 1:37 am    Post subject: 53 Reply with quote

When I read that article, I didn't pay any attention to who wrote it. I found myself reading it and thinking that it did a pretty good job of explaining what was meant by the term "well regulated militia"....not in today's lingo, but as the term and the amendment were originally created.

Quote:
The media newswhores, the corrupt con-artists from the District of Criminals and the liberal education (indoctrination) system regularly distort the english language to suit their own socialist agenda.


OK, this is admittedly inflammatory. To give you an insight into my mindset, I read it without raising an eyebrow. It was more like, "UmmmHmmmm", nodding in assent.

I do consider the media newswhores, I do consider our federal politicians criminals, and I do consider our "education" extremely biased. So, I'm good with that article.
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Death Mage
Raving Lunatic



PostPosted: Thu Sep 22, 2011 1:40 am    Post subject: 54 Reply with quote

So, President "Change" Obama wants to steal $1,500,000,000,000.00 from those who've earned it to give it to those who haven't. That's a great way to stimulate the economy.
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Pablo
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PostPosted: Thu Sep 22, 2011 1:41 am    Post subject: 55 Reply with quote

Mackay wrote:
Zag wrote:
Seriously, if you're actually interested in convincing anyone, as opposed simply to starting a flame war,


I'm gonna go ahead and say "he isn't".


MacKay, the Waaah waaah comment was not serious. It was purely light and playful. Sorry if it created confusion.

However, you are 100% correct in that I'm not interested in convincing anyone. At the same time, I have no intention or desire to start a flame war. I posted that article sincerely to focus on what "Well regulated militia" meant at the time it was coined and to point out that the right to bear arms in 1776 was necessarily different from that right in 2011. I thought the article would be helpful and of interest. I was wrong.
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Scurra
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PostPosted: Thu Sep 22, 2011 10:06 am    Post subject: 56 Reply with quote

Once I had got past that initial hurdle of prejudice by the author, I too found the article to be quite insightful. It still made some presumptions that one particular interpretation was necessarily correct, but the general tenor of the piece seemed pretty balanced in historical terms.

I still don't think it addresses the problem issue (which is that it is unclear what the difference between a "well regulated militia" and an "army" actually is, and whether having one negates the other, and also whether even having a "national guard" is sufficient) but it certainly has a good stab at explaining the context of that first clause perfectly satisfactorily. It then completely dodges the second clause about bearing arms, although I was interested by the "conscientious objector" aspect, which I have rarely seen mentioned anywhere else.
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Pablo
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PostPosted: Thu Sep 22, 2011 11:41 am    Post subject: 57 Reply with quote

Those are all issues that should be discussed.But I think to have meaningful discussions on those subjects, one has to have a sense of history rather than just parroting the words of an amendment.
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Pablo
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PostPosted: Thu Sep 22, 2011 11:49 am    Post subject: 58 Reply with quote

Death Mage wrote:
So, President "Change" Obama wants to steal $1,500,000,000,000.00 from those who've earned it to give it to those who haven't. That's a great way to stimulate the economy.


That's not the worst part. According to the latest poll, 57% of those who support this think the money will actually be used to reduce the deficit or help the needy, and 43% don't have any idea what the money will be used for, but support it anyway.
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Poisonium
annoyed by the old



PostPosted: Thu Sep 22, 2011 3:35 pm    Post subject: 59 Reply with quote

Pablo wrote:
When I read that article, I didn't pay any attention to who wrote it. I found myself reading it and thinking that it did a pretty good job of explaining what was meant by the term "well regulated militia"....not in today's lingo, but as the term and the amendment were originally created.

Quote:
The media newswhores, the corrupt con-artists from the District of Criminals and the liberal education (indoctrination) system regularly distort the english language to suit their own socialist agenda.


OK, this is admittedly inflammatory. To give you an insight into my mindset, I read it without raising an eyebrow. It was more like, "UmmmHmmmm", nodding in assent.

I do consider the media newswhores, I do consider our federal politicians criminals, and I do consider our "education" extremely biased. So, I'm good with that article.


Do you also consider all of those socialists?
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Pablo
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PostPosted: Thu Sep 22, 2011 3:51 pm    Post subject: 60 Reply with quote

Poisonium wrote:


Do you also consider all of those socialists?


No.
1. I really don't understand what socialism even is.
2. I don't like slapping labels on things like that.
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Scurra
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PostPosted: Thu Sep 22, 2011 6:47 pm    Post subject: 61 Reply with quote

Pablo wrote:
Those are all issues that should be discussed.But I think to have meaningful discussions on those subjects, one has to have a sense of history rather than just parroting the words of an amendment.
Now do you understand why I hate getting into arguments about "religion"?!

But yes, that's why I completely agree with you. And I suspect that a large part of the problem is actually with the concept of "education" in general, not this subject - or even history - in particular. But that's so far off the topic that we are on (which I am already responsible for dragging badly off topic in the first place!) But - in wholly superficial terms - I think that it is our general failure to instil the "sense" of something rather than the "specifics" of something that is at the root of it. But since that's insanely hard to do, it gets subsumed into a dull collection of "facts" instead. I would theorise that the teachers people remember as being great are exactly the ones who give the "sense" of the subject, rather than the "facts", which means that you as in individual can then build your own structures, instead of having some of them forced upon you.
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Pablo
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PostPosted: Thu Sep 22, 2011 7:02 pm    Post subject: 62 Reply with quote

Scurra wrote:
Now do you understand why I hate getting into arguments about "religion"?!


You had me fooled. I thought you enjoyed arguing about anything. Ecstatic Happiness
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PostPosted: Thu Sep 22, 2011 7:05 pm    Post subject: 63 Reply with quote

Pablo wrote:
Death Mage wrote:
So, President "Change" Obama wants to steal $1,500,000,000,000.00 from those who've earned it to give it to those who haven't. That's a great way to stimulate the economy.


That's not the worst part. According to the latest poll, 57% of those who support this think the money will actually be used to reduce the deficit or help the needy, and 43% don't have any idea what the money will be used for, but support it anyway.


The latest poll numbers have changed. The percentages are now 62% and 38%.
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Scurra
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PostPosted: Thu Sep 22, 2011 8:20 pm    Post subject: 64 Reply with quote

Pablo wrote:
You had me fooled. I thought you enjoyed arguing about anything.
No I don't.

(Is this the five minute argument or the full half-hour?)
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raekuul
Lives under a bridge & tells stories.



PostPosted: Fri Sep 23, 2011 1:22 am    Post subject: 65 Reply with quote

Pablo wrote:
Pablo wrote:
Death Mage wrote:
So, President "Change" Obama wants to steal $1,500,000,000,000.00 from those who've earned it to give it to those who haven't. That's a great way to stimulate the economy.


That's not the worst part. According to the latest poll, 57% of those who support this think the money will actually be used to reduce the deficit or help the needy, and 43% don't have any idea what the money will be used for, but support it anyway.


The latest poll numbers have changed. The percentages are now 62% and 38%.


How has the sample size changed?
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Pablo
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PostPosted: Fri Sep 23, 2011 1:38 am    Post subject: 66 Reply with quote

Yes, it went from 7 to 8.

Now it's 9, and the percentages are 66% and 33%.
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Pablo
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PostPosted: Thu Sep 29, 2011 1:52 pm    Post subject: 67 Reply with quote

We're gonna need a lot more rich people to tax!

A whole lot more.
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Poisonium
annoyed by the old



PostPosted: Thu Sep 29, 2011 3:32 pm    Post subject: 68 Reply with quote

It's not like trolling ever really converted anyone...
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