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View Diary: If I Were On the Senate Judiciary Committee I Would Ask... (20 comments)

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  •  Does it matter? It's dicta. (1+ / 0-)
    Recommended by:
    VClib

    We are building a team that is continuously being built. - Sarah Palin

    by burrow owl on Fri May 08, 2009 at 01:04:32 PM PDT

    [ Parent ]

    •  I'm not trying to win a case here (0+ / 0-)

      I'm not suggesting it's the law of the land that the constitution be interpreted this way

      I'm just offering up Marshall's view of constitutional interpretation...you obviously disagree Scalia Jr.

      •  Well, you can put your reading comp hat on and (1+ / 0-)
        Recommended by:
        VClib

        note that I'm restating the conservative objection.  And, here, the conservative will note that Marshall's opinion turns on the N&P clause, and we really don't need to read it as any broader than that.

        So, if you'd like to play the role of an articulate liberal, you could point us to something else in the opinion to support your argument

        We are building a team that is continuously being built. - Sarah Palin

        by burrow owl on Fri May 08, 2009 at 01:09:18 PM PDT

        [ Parent ]

        •  I'm not arguing about the specific case (0+ / 0-)

          What don't you undestand about that...

          I'm arguing about the way in which Marshall called upon us to expound the Constitution...it has deeper applicability than to just this particular case...

          •  Put another way.... (0+ / 0-)

            It may be true that in this case, what Marshall pointed to was the N and P clause to infer a power...in other cases it could be any other part of the constitution...

            he is compelling us to look past the literal meaning and interpret it according to what the words mean in our current setting

            •  For starters, sorry for being a crab. (1+ / 0-)
              Recommended by:
              VClib

              That said, your reading is certainly one possible reading, but I think the conservative rejoinder is basically correct that we don't have to read it that way.

              We are building a team that is continuously being built. - Sarah Palin

              by burrow owl on Fri May 08, 2009 at 01:33:37 PM PDT

              [ Parent ]

              •  So how do you explain the "forseen dimly" then... (0+ / 0-)

                seems to be a complete and unconditional endorsement of living constitution interpretation

                •  CJ Marshall isn't Jesus. (1+ / 0-)
                  Recommended by:
                  VClib

                  We don't need to scrutinize every word for some spark of divinity.  If I'm a conservative, either Marshall is referring exclusively to the operation of the N&P clause or he's just wrong.  

                  But the form of argument you're using ("Marshall's dicta ergo Roe") is a bit much.

                  We are building a team that is continuously being built. - Sarah Palin

                  by burrow owl on Fri May 08, 2009 at 02:41:41 PM PDT

                  [ Parent ]

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