What Did the Word 'the' Mean in 1755? And Why Does the Court Care?

Feb 7, 2013 Full story: www.theatlantic.com 11
A decision on Obama's recess appointment power shows why judicial originalism is an exciting game without any rules.

The early returns on the D.C. Circuit Court of Appeals' sweeping "recess appointments" decisions are not favorable.

Kenneth Jost of CQ Press called it "astounding." The three-judge panel went "on a tear," he adds. Jeffrey Toobin of the New Yorker called it an "extravagant act of judicial hubris," in which "three federal judges revealed themselves as Republican National Committeemen in robes." Prominent separation-of-powers theorist Peter Shane posted not one, or even two, but three criticisms of the decision. Noel Canning v. National Labor Relations Board, he wrote, "is a little like a Rob Schneider movie -- the more you think about it, the worse it seems."

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Robert

Douglasville, GA

#3 Feb 7, 2013
sounds pretty simple to me, it says it only covers vacancies which occur while they are not in session. Otherwise what would be the point of ever ratifying them in the first place, all a president would ever have to do is wait then appoint someone without consent of the senate.

“Open your eyes”

Since: Sep 09

Central Florida

#4 Feb 7, 2013
Oh yes. Time for the word games to begin.

Well here is one for ya to chew on for a little bit.

What was the meaning of the word "regulate" in the 18th century?

It was not tax and control. It was to keep a system regular.

I use this in the meaning of the commerce clause of the constitution.

What they were referring to is the flow of goods and services. To prevent in state protectionism. In other words, those in South Carolina could not tell the state of NY that they would not accept any goods or services in trade because they were from NY.

Progressives though like to change the names of words to fit their specific agendas. As they did with regulate. From keep a system regular to tax and control.

“It's a Brand New Day”

Since: Feb 06

New Rochelle

#6 Feb 7, 2013
Kahoki wrote:
Oh yes. Time for the word games to begin.
Well here is one for ya to chew on for a little bit.
What was the meaning of the word "regulate" in the 18th century?
It was not tax and control. It was to keep a system regular.
I use this in the meaning of the commerce clause of the constitution.
What they were referring to is the flow of goods and services. To prevent in state protectionism. In other words, those in South Carolina could not tell the state of NY that they would not accept any goods or services in trade because they were from NY.
Progressives though like to change the names of words to fit their specific agendas. As they did with regulate. From keep a system regular to tax and control.
By definition, do you think the "Defence Of Marriage Act," DOMA, is a willful violation of the commerce clause?
Is a marriage a contract protected under our Constitution?

Can you "regulate" a commercial and domestic pertnership differerty?

By your 'progressives' definition, you must think this DC Federal Judges political decision is very very progressive.

“Open your eyes”

Since: Sep 09

Central Florida

#7 Feb 7, 2013
Mr_Bill wrote:
<quoted text>
By definition, do you think the "Defence Of Marriage Act," DOMA, is a willful violation of the commerce clause?
Is a marriage a contract protected under our Constitution?
Can you "regulate" a commercial and domestic pertnership differerty?
By your 'progressives' definition, you must think this DC Federal Judges political decision is very very progressive.
I look at marriage as something that is personal. Government really should have no business in it at all. I think the entire thing is nothing more than a racket for government to collect fees for marriage licenses and divorce decrees.

The problem with DOMA is that the government is involved in the first.

A decision to get married is between 2 "individuals". That being said, why is government involved in the first place?

I see marriage a civil union between individuals.

“It's a Brand New Day”

Since: Feb 06

New Rochelle

#8 Feb 7, 2013
Kahoki wrote:
<quoted text>
I look at marriage as something that is personal. Government really should have no business in it at all. I think the entire thing is nothing more than a racket for government to collect fees for marriage licenses and divorce decrees.
The problem with DOMA is that the government is involved in the first.
A decision to get married is between 2 "individuals". That being said, why is government involved in the first place?
I see marriage a civil union between individuals.
Me too.
This is the real difference between real conservatives ane the phony theocrats who call themselves conservative.

I can't imagine how anything some gay people do could possibly affect my marriage.

But the government is 'involved' because marriage is a basc part of our social structure, and government has an interest both in taxation, and proteection of children from abandonment.

“Open your eyes”

Since: Sep 09

Central Florida

#9 Feb 7, 2013
Mr_Bill wrote:
<quoted text>

But the government is 'involved'
And that is the issue.

I have said it time and time again. Give me one instance where government actually accomplished something for the better?

When you look back through history, whether it is social programs (that falls on their face because of extreme amounts of debt or bureaucracy), or education (DOE has worked out so well with No Child Left Behind), or wars (Vietnam, Afghanistan, Iraq, Libya went bueatifully didn't they), etc...

Everything they touch turns to shit.

“It's a Brand New Day”

Since: Feb 06

New Rochelle

#10 Feb 7, 2013
Kahoki wrote:
<quoted text>
And that is the issue.
I have said it time and time again. Give me one instance where government actually accomplished something for the better?
When you look back through history, whether it is social programs (that falls on their face because of extreme amounts of debt or bureaucracy), or education (DOE has worked out so well with No Child Left Behind), or wars (Vietnam, Afghanistan, Iraq, Libya went bueatifully didn't they), etc...
Everything they touch turns to shit.
There are thousands:
EPA
US military,
Medicaid & Medicare,
Social Security, &c.

“Open your eyes”

Since: Sep 09

Central Florida

#11 Feb 7, 2013
Mr_Bill wrote:
<quoted text>
There are thousands:
EPA
US military,
Medicaid & Medicare,
Social Security, &c.
LOL!

Ok, EPA. Really? With new EPA regulations they can come into your home and tell you what you have to do to make your house "greener" before you can even sell it. The EPA in concept is good, however, the EPA in actual existence has been a joke. And filled with bureaucrats.

The military? I was in the military and I hauled ass the first chance I could when my contract was over. Why? I saw the writing on the wall. I saw the psyco's taking over in DC and I was not going to have any part of it. It was bad enough being in Clinton's Navy and surrounded by stupidity, but, Bush's Navy? GTFO here!

Medicaid and Medicare huh? Broke. No money. They managed that so well didn't they?

Social Security? Also known as the SS Plan. Pay into it for your entire life and at age 65 collect it back as a supplement to one's retirement. Well, here is the news flash. It's a scam. When established FDR could not get the loans from the Federal Reserve for his failed New Deal (more like Raw Deal), so SS was created as a form of collateral. But here is the dirty little secret. The average life span of an American that time was 50-55 years of age.

That's right boys and girls, you were to be dead before you could ever collect it. So where did the money go? To pay the interest on the new deal.

Again, everything these guys touch or create is or turns into a pile of shit.

I say F them. Personal responsibility, personal education, I will make it on my own merits. I do not need them. Screw them. And stop taking my money. Leave me the F alone and stay out of my way.
Robert

Douglasville, GA

#12 Feb 7, 2013
Mr_Bill wrote:
<quoted text>
There are thousands:
EPA
US military,
Medicaid & Medicare,
Social Security, &c.
If social security was a pension fund it would have been considered insolvent last year. It now eats every penny going into it and is only meeting it obligations by spending the so called reserve which is a bunch of iou's . It will actually be insolvent in 2033, medicare will be insolvent in 2024, congressional estimates are that the social security disability fund will run dry in 2017.

You know blue cross blue shield is not scheduled to be insolvent, he is right everything the government touches turns to s#it.

The average high school graduate from before the federal department of education existed was far better prepared for the world than today average graduate.

“It's a Brand New Day”

Since: Feb 06

New Rochelle

#13 Feb 7, 2013
Kahoki wrote:
<quoted text>
LOL!
Ok, EPA. Really? With new EPA regulations they can come into your home and tell you what you have to do to make your house "greener" before you can even sell it. The EPA in concept is good, however, the EPA in actual existence has been a joke. And filled with bureaucrats.
The military? I was in the military and I hauled ass the first chance I could when my contract was over. Why? I saw the writing on the wall. I saw the psyco's taking over in DC and I was not going to have any part of it. It was bad enough being in Clinton's Navy and surrounded by stupidity, but, Bush's Navy? GTFO here!
Medicaid and Medicare huh? Broke. No money. They managed that so well didn't they?
Social Security? Also known as the SS Plan. Pay into it for your entire life and at age 65 collect it back as a supplement to one's retirement. Well, here is the news flash. It's a scam. When established FDR could not get the loans from the Federal Reserve for his failed New Deal (more like Raw Deal), so SS was created as a form of collateral. But here is the dirty little secret. The average life span of an American that time was 50-55 years of age.
That's right boys and girls, you were to be dead before you could ever collect it. So where did the money go? To pay the interest on the new deal.
Again, everything these guys touch or create is or turns into a pile of shit.
I say F them. Personal responsibility, personal education, I will make it on my own merits. I do not need them. Screw them. And stop taking my money. Leave me the F alone and stay out of my way.
You seem so bitter and so negative. Don't let this crap eat you up.
This country has gone on for almost 240 years, and we will celebrate tri-centennial and a quadra-centennial.

Things go up, things go down.
Life is but a dream.

And those examples I listed don't work perfectly, and neither does unemployment insurance; but they keep the wolf away from the door.

So, don't worry, be happy.

“Open your eyes”

Since: Sep 09

Central Florida

#14 Feb 7, 2013
Mr_Bill wrote:
<quoted text>
You seem so bitter and so negative. Don't let this crap eat you up.
This country has gone on for almost 240 years, and we will celebrate tri-centennial and a quadra-centennial.
Things go up, things go down.
Life is but a dream.
And those examples I listed don't work perfectly, and neither does unemployment insurance; but they keep the wolf away from the door.
So, don't worry, be happy.
http://www.youtube.com/watch?v =sonYFxHHvaMXX
Yeah I have become cynical and bitter towards DC.

They have screwed us and screwed us and screwed us. Lied to us on multiple occasions, stolen our money to give to other countries or to bankers for making bad bets. They have ordered the killings of innocent people and cost American lives.

To be honest, I am done with it. And what is the most astonishing here is the people. They want more. More war, more debt, more lies.

The people have lost their morality and virtue. They will be willing to sacrifice their liberty and freedom to a central government under a fake premise of security. The self respect and personal dignity that is lacking in the people is the most frustrating thing.

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