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25 new of 101 responses total.
tsty
response 50 of 101: Mark Unseen   Nov 18 05:53 UTC 2003

a.. adn that great dui-driver just labled a balck, female circuit (??)
judge  'neanderthal' including her with three other judges ...
  
teddy-dear ought to be on espn!
twenex
response 51 of 101: Mark Unseen   Nov 18 10:29 UTC 2003

looks like bru has caught tsty-spelling-itis.
gull
response 52 of 101: Mark Unseen   Nov 18 14:29 UTC 2003

Re #50: How many times are you going to parrot that Rush Limbaugh remark
in one conference?

I find it highly interesting that the same Republicans who oppose
affirmative action are arguing that the Democrats should treat a nominee
differently because she happens to be black...
twenex
response 53 of 101: Mark Unseen   Nov 18 14:32 UTC 2003

Fishy...
bru
response 54 of 101: Mark Unseen   Nov 18 14:49 UTC 2003

I could have spelled it NE1.

The point is that the democrats are treating her differently , not because
she is black, but because she is a black conservative.
gull
response 55 of 101: Mark Unseen   Nov 18 15:38 UTC 2003

I don't think race comes into it at all.  They're treating her like they
would any other far-right conservative.
klg
response 56 of 101: Mark Unseen   Nov 18 17:24 UTC 2003

(Although to most people her rulings appear to be main-stream American.)
gull
response 57 of 101: Mark Unseen   Nov 18 18:43 UTC 2003

Apparently, in klg's world, opposing whistle-blower protections and
suggesting companies have a right to lie to consumers are mainstream
positions.  Not to mention this:

"Some things are apparent. Where government moves in, community
retreats, civil society disintegrates, and our ability to control our
own destiny atrophies. ...The result is a debased, debauched culture
which finds moral depravity entertaining and virtue contemptible."

Oh, and she's also taken the "mainstream position" that state
governments are not bound by anything in the Bill of Rights.
twenex
response 58 of 101: Mark Unseen   Nov 18 20:34 UTC 2003

So, klg's an archist, huh? In that case, I claim the right to viciously murder
all Republicans in klg's Amerrica, with impunity.

This means you.
russ
response 59 of 101: Mark Unseen   Nov 19 01:53 UTC 2003

I am holding tsty's spelling ability hostage.  If he doesn't pay
for my guitar, he'll never see it again.
klg
response 60 of 101: Mark Unseen   Nov 19 03:07 UTC 2003

Mr. gull
The quotation you provided makes perfect sense.  Your apparent failure 
to agree with the assertion that government encroachment into our 
society and culture is quite lamentable and demonstrates either 
ignorance of or disregard of to the principles upon which our nation was 
established.
klg
rcurl
response 61 of 101: Mark Unseen   Nov 19 06:44 UTC 2003

Rather than "encroahing" into our society and culture, government is the
cement that holds it together. The founding document is the Constitution,
and if there has ever been a more powerful and uniting governmental document,
I would like to know about it. 
gull
response 62 of 101: Mark Unseen   Nov 19 15:07 UTC 2003

If you don't like government, go live in Iraq.  I'm sure they're
enjoying their lack of law and order.
klg
response 63 of 101: Mark Unseen   Nov 19 18:06 UTC 2003

My, my.  Love it or leave it???  Where have we heard that one before?

Mr. rcurl,
Do you really believe that the Constitution, as currently applied, is 
the same document (in terms of meaning) as that adopted by the 
founders?  Or has it been vastly distorted by "umbras and penumbras" 
that have since been "discovered"?
rcurl
response 64 of 101: Mark Unseen   Nov 19 18:21 UTC 2003

The Constitution has been amended a few times, mostly to enlarge upon
the principles upon which it was founded. Would you care to enumerate
what you call "umbras and penumbras" that you think distort these
principles? I don't know of any. I think the Constitution has been most
distorted by *ignoring* its principles.
klg
response 65 of 101: Mark Unseen   Nov 19 18:52 UTC 2003

(Was it not Roe v. Wade that was decided upon "rights" that were 
referred to as umbras and penumbras emanating from the rights actually 
defined within the Constitution?  Ah, yes.  Here is a reference:

"the made-up "right to privacy" that Justice Blackmun and Douglas came 
up with in 1973 after examining the shadier portions ('umbras and 
penumbras') of the ... www.freerepublic.com/focus/fr/636772/posts - 
60k - Supplemental Result - Cached - Similar pages"
gull
response 66 of 101: Mark Unseen   Nov 19 18:54 UTC 2003

Let's go back to a strict interpretation, then.  We can start by
admitting the First Amendment doesn't apply to what I'm writing right
now, since I'm neither speaking nor using a press. ;>
gull
response 67 of 101: Mark Unseen   Nov 19 18:55 UTC 2003

Incidentally, do you agree with Brown's position that the states should
not have to honor the protections in the Bill of Rights?
rcurl
response 68 of 101: Mark Unseen   Nov 19 21:27 UTC 2003

I think Roe vs Wade was properly decided, on the basis of individual rights
guaranteed in the Constitution. There being NO protection of fetuses
guaranteed in the Constitution, but there is plenty of protection of
adults. 
mcnally
response 69 of 101: Mark Unseen   Nov 19 21:57 UTC 2003

  re #68:  
  > I think Roe vs Wade was properly decided, on the basis of individual
  > rights guaranteed in the Constitution.

  Which ones?
klg
response 70 of 101: Mark Unseen   Nov 20 02:09 UTC 2003

Why, the umbras and penumbras rights, of course!

(Don't all constitutionally-protected rights have them, as well?  Take, 
for instance, the freedom of religion.  We wonder what its umbras and 
penumbras ought to be - the right to display religious symbols on 
public grounds, for sure.)
rcurl
response 71 of 101: Mark Unseen   Nov 20 02:11 UTC 2003

Amendments 4, 9 and 10.
gull
response 72 of 101: Mark Unseen   Nov 20 03:44 UTC 2003

Notice that klg is dodging my question about whether he agrees with
Brown's position on state and local governments.
mcnally
response 73 of 101: Mark Unseen   Nov 20 06:07 UTC 2003

 >>> I think Roe vs Wade was properly decided, on the basis of individual
 >>> rights guaranteed in the Constitution.
 >> 
 >>  Which ones?
 >
 > Amendments 4, 9 and 10.

 For the record, amendments IV, IX, and X are as follows:

   Amendment IV

   The right of the people to be secure in their persons,
   houses, papers, and effects, against unreasonable searches and
   seizures, shall not be violated, and no warrants shall issue,
   but upon probable cause, supported by oath or affirmation,
   and particularly describing the place to be searched, and the
   persons or things to be seized.

   Amendment IX

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

   Amendment X

   The powers not delegated to the United States by the
   Constitution, nor prohibited by it to the states, are reserved
   to the states respectively, or to the people.

 Astute observers will note that none of these explicitly mention any
 right to an abortion, or even spell out in clear terms a right to privacy.

 Amendment IX is a disclaimer that the list of enumerated rights is 
 not exhaustive but it doesn't introduce any additional rights by name,
 nor does it imply that the people possess all rights that do not expressly
 conflict with the government's powers as enumerated elsewhere in the main
 text of the Constitution, or Rane would have a hard time explaining why
 the Constitution protects the right to an abortion but not the right to
 use marijuana or to do a million other things that laws have prohibited
 subsequent to the ratification of Amendment IX.

 And Amendment X is an odd one for Rane to appeal to, since it's an
 almost absolute certainty that he rejects the power of the states
 to prohibit abortion individually.

 Amendment IV, as anyone who can read can clearly see, is chiefly concerned
 with issues of search and seizure, at least as far as the literal text is
 concerned.  However in modern interpretation, jurists have read a "right
 to privacy" and other implied rights into Amendment IV.  Unfortunately for
 Rane's article, this assumption of rights implied but not explicitly 
 spelled out is what klg is talking about when he uses the term "penumbra."
 To the extent that there is a right to privacy in the constitution and that
 it supports Roe v. Wade, the penumbra is what we're talking about.  

 But since Rane insists that the rights are out there in plain view and
 not in the penumbra, perhaps he can elaborate on where exactly we are to
 find them in the text of the amendments above.


mcnally
response 74 of 101: Mark Unseen   Nov 20 06:09 UTC 2003

  (note:  I'd encourage legally knowledgable Grexers, of whom I am not one,
  to correct me if I'm wrong.  I'm sure I've probably mangled something in
  the preceding post, but I'm also pretty confident that Rane's talking out
  of his ass again..  (figuratively, if not literally.))
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