Progressive Constitutionalist versus Originalist Constitutionalist

Discussion in 'Current Events' started by Old Man Jingles, Jul 10, 2018.

  1. Old Man Jingles

    Old Man Jingles Rat out of a cage

    I don’t look at SCOTUS Justices as liberal or conservative but rather Progressive Constitutionalist versus Originalist Constitutionalist.

    A Progressive will decide a ruling and then look for wording in the Constitution to support their position. This can be a Liberal or a Conservative.

    An Originalist will look for relavant text in the Constitution and then determine a position. This can be a Liberal or a Conservative.
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  2. SanguiniusII

    SanguiniusII Member

    I suppose the thing to consider is when is one frame of mind better than the other.
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  3. Old Man Jingles

    Old Man Jingles Rat out of a cage

    That’s an interesting gambit.
    I think this Justice would be judged a Progressive Constitutionalist.
  4. vantexan

    vantexan Well-Known Member

    Progressives see the Constitution as something to be amended, even discarded, to address today's world. Originalists see the Constitution as finite, able to address any situation, more so as opinions rendered set precedence.
  5. Yaba Daba Do

    Yaba Daba Do Donkey Punch Extraordinaire

    There is a legal process by which the constitution can be amended and if this legislative process is followed I have no problem with it whatsoever. The supreme courts job is to rule on existing law, not create new law, that is congress' job. The constitution has been around for 231 years and it has 27 amendments.

    The only way progressives can seem to get their ideas through is to find and appoint judges that agree with them politically. They will say the constitution is a "living, breathing" document, which means they can interpret it any way that fits their needs and feelings at that time instead of what was actually intended when the document was written. This way they can get around the process of trying push laws through that they know won't pass, they can instead appoint someone that will legislate from the bench.

    Originalists see the constitution as it was written. It means what it says and doesn't have some hidden meaning to suit your needs at the time. If times have changed that much and something needs to be amended then you go through the amendment process and make it law but you don't let a small group change laws through the judiciary for the masses just because that's the direction they want the country going in the future.

    You should not agree with every decision a judge makes even if you view him as on "your side of the isle", if you do then the judge is probably not very good at his job.
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  6. Wrong

    Wrong :))

    I don’t get how you can call a progressive a constitutionalist. They think the constitution is an outdated document and think they know better than the genius’s who founded this country who were way ahead of their time and our time sadly.
  7. Sportello

    Sportello l'etat, c'est moi

    Wait a minute, are you trolling? You're supposed to be trolling.
  8. It will be fine

    It will be fine Well-Known Member

    It funny how you conservatives believe the republican spin that republican judges don’t legislate from the bench. Corporations are people. Money is speech. These aren’t originalist, they are interpretations of law. Every judge interprets the law, pretending otherwise is just silly.
  9. Jkloc420

    Jkloc420 Well-Known Member

    who is behind you
  10. Old Man Jingles

    Old Man Jingles Rat out of a cage

    Nothing personal but you might be the last person I would ask to define what a Progressive thinks.
  11. Wrong

    Wrong :))

    Progressive see the A in Amendment and say there it is! Clear as day, that stands for abortion without limits. Then look at the second amendment and be like ehhhh, it’s little fuzzy with a lot of gray area.
  12. Old Man Jingles

    Old Man Jingles Rat out of a cage

    I see you get my gist.
    Conservatives can be Progressive Constitutionalists as well.
  13. Wrong

    Wrong :))

    That’s why most conservative movements call for article 5 to be enacted and to amend the constitution. Instead doing like progressives do and ruling through the bench.

    Tell me a couple Progressive constitutionalist rulings from a conservative.
  14. Old Man Jingles

    Old Man Jingles Rat out of a cage

    Why should I do that?
  15. oldngray

    oldngray nowhere special

    Can't you just make something up?
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  16. Old Man Jingles

    Old Man Jingles Rat out of a cage

    Hell, that would just be wrong!
  17. oldngray

    oldngray nowhere special

    but @Wrong wouldn't do something like that!
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  18. vantexan

    vantexan Well-Known Member

    Isn't that what he usually does? :)
  19. Indecisi0n

    Indecisi0n Well-Known Member

  20. vantexan

    vantexan Well-Known Member

    So you're not a progressive constitutionalist!