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Constitutional Opinions
Hard Times for Our Founding Documents
The new president may think he’s Solomon, but he’s not quite there yet.
(Page 2 of 2)
Blackmun plumbed unexplored depths of the Constitution to discover an unrestricted (and until then, wholly imaginary) right to abortion. His discovery was made possible by what Douglas had earlier called “penumbras and emanations” associated with “specific guarantees in the Bill of Rights.”
When you’ve raided the vocabularies of astronomy and chemistry to find a right to privacy in the penumbra of an emanation, it’s no great leap to suppose that people have penumbras and emanations, too, and that in turn would suggest that reading the heart of a Supreme Court nominee is — if you’ll pardon the expression — child’s play.
Judges whose hearts reveal conservative penumbras or sympathy for Scalia-style “originalist” thinking, will not be nominated by this administration for seats on the Supreme Court, and that is why Constitutional Law has fallen again on hard times, even as modern Democratic adulation for the nobility of law elevates another coffee klatch of law school graduates to positions of political power.
About the Author
Patrick O’Hannigan is a writer in North Carolina.
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Robert Nowall | 1.28.09 @ 6:16AM
"Repeat after me"...doesn't seem that hard to do, does it?
Jason | 1.28.09 @ 7:54AM
I am convinced that Obama has nothing but contempt for our constitution.
http://www.rightklik.net/
Jeremiah| 1.28.09 @ 7:57AM
You people are cynical and weak.
Grow up.
Todd| 1.28.09 @ 8:41AM
Did you read the article yesterday about the virtues of being cynical Jeremiah? We are damn right to be cynical and it is the grown up attitude to do so and to see things as they really are instead of what some certain charlatans would have us believe. You want to live in a land of make believe and hope, go ahead Jeremiah but you are the one that needs to grow up and who is weak. Are we weak because we don't support a welfare State and believe in the individuals responsibility for his own well-being?
Pingback| 1.28.09 @ 11:28AM
Hard Times for Our Founding Documents « Depravity links to this page.
Stan Redmond| 1.28.09 @ 12:06PM
Jeremiah: .
"I'm sick and tired of people who say that if you debate and disagree with this administration, somehow you're not patriotic. We need to stand up and say we're Americans, and we have the right to debate and disagree with any administration." -Sec. State Hillary Clinton
Crusader| 1.28.09 @ 2:25PM
Stan, the dims are in power now. Now, we won't hear about "debate," we will hear about "obstructionism." Geez I'm already hearing it on local talk radio where I live. The host is chastising House Rs as being childish and obstructionist because these are "tough times" and "the people" want (the proverbial) "something" done. Yet just a year ago House Ds were principled, patriotic heroes every time they opposed GWB.
Up is down and black is white and right is wrong. It is the Dims la-la land.
Bob Montgomery| 1.28.09 @ 3:38PM
"Citizens of the world, our time has come!" This uttered even before you guys realized he was the messiah; but HE knew! The founding documents have been relegated to the dustbin of history.
Michele San Pietro| 1.28.09 @ 3:46PM
Obama puts on airs. And that's not good at all.
Thom| 1.28.09 @ 4:30PM
We only have the rights we are willing to exercise. We only have the freedoms we we are willing to fight for. Both are under served at the moment.
My words but hardly original thoughts with regard to this Nation’s founding.
Pingback| 1.28.09 @ 4:47PM
The American Spectator : Hard Times for Our Founding Documents links to this page.
Alan Brooks| 1.28.09 @ 7:12PM
Jeremiah couldn't back up his Gitmo statements yesterday, either (only three waterboardings and that's it). He's striking out at first base more and more.
perhaps a change of venue might do him some good?
cnr| 1.28.09 @ 7:16PM
If conservatives ever wonder why liberals hold them in contempt, just look at the amounts of scorn heaped upon even the most moderate liberal ideas.
G| 1.28.09 @ 7:44PM
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Jim| 1.28.09 @ 9:01PM
Obama is arrogant,selfish socialist thug, nothing more, nothing less. He is devious but he is not intelligent, nor is he an articulate speaker, he cannot function without a pre-packaged response.
He is also in his actions childish, in short he is a buffoon.
Jeremiah| 1.28.09 @ 10:12PM
cnr, there's no such idiocy as a "moderate liberal idea". It's a double oxymoron: liberals are not moderate and they have no idea.
We don't liberals in contempt, we just kick their butts for breakfast.
cnr| 1.28.09 @ 10:14PM
Isn't it supposed to be: "We don't HOLD liberals..."?
Jeremiah| 1.28.09 @ 10:16PM
No time for holding. Time to kick.
Leroi| 1.28.09 @ 10:38PM
"...Blackmun plumbed unexplored depths of the Constitution to discover an unrestricted (and until then, wholly imaginary) right to abortion. His discovery was made possible by what Douglas had earlier called "penumbras and emanations" associated with "specific guarantees in the Bill of Rights." ..."
Douglas had to resort to "penumbras and emanations" because since the New Deal the SCt, including Douglas, had given the government all power. To have rights, exceptions to that power must be found, and since privacy is not mentioned in the Constitution it must be a "penumbra or emanation" of something that is in the Constitution.
On the other hand, if the Constitution is a grant of limited and specific powers to the federal government, then the federal government is not granted a right to invade privacy except as specifically permitted, and no "penumbras and emanations" are necessary. So Griswold becomes simply: the Constitution does not grant the federal government the power to regulate privacy as embodied in this case in private birth control decisions.
And, since abortion is also not specifically mentioned in the Constitution, the federal government has no power to regulate or affect it.
Pingback| 1.29.09 @ 9:21PM
Birth Control links to this page.
stmichrick| 1.30.09 @ 10:36AM
Hey Bob,
This is the first of the 'teaching moments' you ridiculed a while back.
I think it is clear to most people why Republicans stood together on this. Hopefully it will continue when more leftist 'Christmas trees' come down the chute or when something truly onerous like moving to import battlefield terrorists into the U.S. judicial system.
The electorate was drunk when they elected our 'American Idol' president and may respond well to well-enunciated hangover prescriptions by authentic conservative leadership.
Thom1s| 1.30.09 @ 4:19PM
Heard the latest?
Obama is going to change the oath for members of the armed forces. Instead of swearing to protect the Constitution, members will be asked to take an oath to protect the President, thus converting what has been a magnificent force serving the Republic for the last 233 years to Mr. Obama's private security force.
Pingback| 1.30.09 @ 8:53PM
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