@rcs1000 Did Antonin Scalia ever come up with a judgement through legal reasoning that he didn't like ?
Yup. Bush v Gore. He ruled there was an Equal Protection violation.
I think it was the only time he had ever ruled in favour of an Equal Protection violation
Surely that was the opposite: Scalia jumped through hoops to use a device he did not like in order to reach a conclusion he very much did like: that Bush and not Gore should be president.
The whole Scalia hate thing is a bit odd. He is known as an Originalist and Textualist, or putting it more plainly to believe that the Constitution should be interpreted in accordance with what it says, and how that would have been understood at the time it was written, rather than interpreting it according to what people wish it said, and according to a more modern view of the wording.
It does seem a bit odd for a country founded on the basis of a Constitution which is treated with the reverence that approaches religion should have so many people that dislike someone because he wants people to follow what that document says, rather than what would be convenient for them for it to say.
Just as bizarre as the American right's hatred for the ACLU, an organisation that exists to preserve and defend the rights guaranteed by the Constitution.
Juncker added: “It’s a good thing Norway never joined. A Noexit would mean that they were leaving and not leaving simultaneously, stranding them in quantum uncertainty forever.”
1. Lib Dems flirting with extinction but would probably come out with one seat. 2. Lab would still form the govt but would be reliant on active Plaid support; Plaid abstention = Lab defeat. 3. (2) implies another coalition. 4. V tight for 2nd/3rd/4th. 5. Also v tight for whether Lab+Plaid is above 50% of votes, but AMS effects should see them comfortably above 50% of seats even on these figures. 6. Not inconceivable that UKIP could finish second if Con continues to struggle and split re EU.
Just how badly do Labour have to do to lose their vice-like grip on Wales?
I can't see Labour not running Wales while:
1. Plaid are: a. Not strong enough to form a government b. Not prepared to work with Con.
2. Con+UKIP are sub-31 seats.
3. LDs are more likely to back Lab over Con if push came to shove, particularly if backing Con implicitly meant backing UKIP too.
Isn’t "prisoner votes" the ECJ and nothing to do with the EU?
Yes, ..But where do the laws evolve from that are then followed within the ECJ?
Cutting to the quick does it matter either way because why do they even have any jurisdiction over our National laws. I don't regard the ECJ as international law by the way just another level of Europe.
The whole Scalia hate thing is a bit odd. He is known as an Originalist and Textualist, or putting it more plainly to believe that the Constitution should be interpreted in accordance with what it says, and how that would have been understood at the time it was written, rather than interpreting it according to what people wish it said, and according to a more modern view of the wording.
It does seem a bit odd for a country founded on the basis of a Constitution which is treated with the reverence that approaches religion should have so many people that dislike someone because he wants people to follow what that document says, rather than what would be convenient for them for it to say.
Just as bizarre as the American right's hatred for the ACLU, an organisation that exists to preserve and defend the rights guaranteed by the Constitution.
The problem is he doesn't always follow constitution. Like in Bush vs Gore.
Lots more parties going to make the 5% threshold, should make things interesting
I think it's the Social Democrats who are in the deepest hole rather than Merkel's party. They could find themselves fighting for second place vs AfD if current trends continue.
The whole Scalia hate thing is a bit odd. He is known as an Originalist and Textualist, or putting it more plainly to believe that the Constitution should be interpreted in accordance with what it says, and how that would have been understood at the time it was written, rather than interpreting it according to what people wish it said, and according to a more modern view of the wording.
It does seem a bit odd for a country founded on the basis of a Constitution which is treated with the reverence that approaches religion should have so many people that dislike someone because he wants people to follow what that document says, rather than what would be convenient for them for it to say.
Just as bizarre as the American right's hatred for the ACLU, an organisation that exists to preserve and defend the rights guaranteed by the Constitution.
Were his dissents on abortion/gay marriage driven by the constitution ?
Lots more parties going to make the 5% threshold, should make things interesting
I think it's the Social Democrats who are in the deepest hole rather than Merkel's party. They could find themselves fighting for second place vs AfD if current trends continue.
That would place the CDU in a hole as well. How do they form a government? Even grander coalition, including the FDP? That'd be the only realistic option if AfD are to be excluded.
The whole Scalia hate thing is a bit odd. He is known as an Originalist and Textualist, or putting it more plainly to believe that the Constitution should be interpreted in accordance with what it says, and how that would have been understood at the time it was written, rather than interpreting it according to what people wish it said, and according to a more modern view of the wording.
It does seem a bit odd for a country founded on the basis of a Constitution which is treated with the reverence that approaches religion should have so many people that dislike someone because he wants people to follow what that document says, rather than what would be convenient for them for it to say.
Just as bizarre as the American right's hatred for the ACLU, an organisation that exists to preserve and defend the rights guaranteed by the Constitution.
Because the ACLU only defends the constitution from the left. They do not support the second amendment for example, or at least they only support a very watered down view of it.
The whole Scalia hate thing is a bit odd. He is known as an Originalist and Textualist, or putting it more plainly to believe that the Constitution should be interpreted in accordance with what it says, and how that would have been understood at the time it was written, rather than interpreting it according to what people wish it said, and according to a more modern view of the wording.
It does seem a bit odd for a country founded on the basis of a Constitution which is treated with the reverence that approaches religion should have so many people that dislike someone because he wants people to follow what that document says, rather than what would be convenient for them for it to say.
Just as bizarre as the American right's hatred for the ACLU, an organisation that exists to preserve and defend the rights guaranteed by the Constitution.
The problem is he doesn't always follow constitution. Like in Bush vs Gore.
That seems open to debate, Scalia said:
The decision was not close, it was 7–2 on the principal issue of whether there had been a constitutional violation ... But what if it was unconstitutional to have that recount? You're going to let it continue and come to a conclusion? And then overturn it?
Seems like he has found a new way of doing politics:
While Latinos haven’t forgotten what Trump said about Mexican immigrants being criminals and rapists, and how he wants to deport 11 million people, they have begun to put such comments in the context of a candidate who, it often seems, has offended just about everyone in this country.
Lots more parties going to make the 5% threshold, should make things interesting
I think it's the Social Democrats who are in the deepest hole rather than Merkel's party. They could find themselves fighting for second place vs AfD if current trends continue.
That would place the CDU in a hole as well. How do they form a government? Even grander coalition, including the FDP? That'd be the only realistic option if AfD are to be excluded.
Even if the CDU and SPD score 50% between them it will be enough to continue the grand coalition. Part of the reason the smaller parties are profiting is because people are tired of the cosy political consensus between the main parties. The SPD are no longer a serious party of government, they will forever be the minor partner in a grand coalition, if that ever happened here to Labour, it wouldn't be long before voters began to abandon the party and supported some other leftist party who would never get into bed with the Tories. For that is what the SPD have done, prop up a centre right government for a few fig leaves of reforms that many are now looking to reverse (minimum wage and the lower retirement age are losing support very rapidly now that the €75bn per year refugee bill is becoming clear).
Isn’t "prisoner votes" the ECJ and nothing to do with the EU?
Yes, ..But where do the laws evolve from that are then followed within the ECJ?
Cutting to the quick does it matter either way because why do they even have any jurisdiction over our National laws. I don't regard the ECJ as international law by the way just another level of Europe.
ECJ is entirely EU. I think you are confusing it with the ECHR.
The whole Scalia hate thing is a bit odd. He is known as an Originalist and Textualist, or putting it more plainly to believe that the Constitution should be interpreted in accordance with what it says, and how that would have been understood at the time it was written, rather than interpreting it according to what people wish it said, and according to a more modern view of the wording.
I think it was because he was hypocrite who was able to drop his 'originalism' whenever he felt it stood in the way of ruling how he liked.
His twisting and ever shifting interpretation of the 14th amendment was breathtakingly hypocritical for an "Originalist"
Isn’t "prisoner votes" the ECJ and nothing to do with the EU?
Yes, ..But where do the laws evolve from that are then followed within the ECJ?
Cutting to the quick does it matter either way because why do they even have any jurisdiction over our National laws. I don't regard the ECJ as international law by the way just another level of Europe.
ECJ is entirely EU. I think you are confusing it with the ECHR.
Yes, was getting confused. A bit like some BBO’s. Prosoners Votes wass originally an ECHR decision which as you rightly point is nothing to do with the EU. However, the ECJ has muddied the waters by suggesting that prisoners may have a right to vote in European elections.
(Ps I'm the child of petit bourgeois, who won't be taking over the business, & it has zero bearing on my views on the referendum)
Fine! No reason why it shouldn't have an influence, though. As every woman knows, nobody is wholly rational, even those males who think they are.
Please don't feel insulted. I said "Most Tory members and voters are blockheaded xenophobes, whether they're impoverished petty bourgeois whose children won't be taking over the business [or whether they're in certain other specified demographics]". Not all. Most. And the same goes for the ones in those demographics.
I recognise that some people will vote LEAVE (or REMAIN) having considered the "issues" in terribly deb-soc fashion and for reasons that are fairly rational. Not like those oiks on public transport, busy having children to get council flats, eh? But I'd love to discuss stuff with someone here who realises not everyone is like that and who recognises the role of the irrational. Everyone's got one vote, and turnout is likely to top 80%.
It's interesting how LEAVE is Anglo-Saxon, whereas REMAIN is Romance. Which side appeals to the subterranean, the past, the traditional, the unrecognised, the id? If you were at an advertising agency working for the campaign to withdraw, would you think having LEAVE against REMAIN would help or hinder your message?
If the LEAVE campaign is well run, they could walk this. Never mind the appeal to responsibility that's embedded in the word "remain", as though remaining (as distinct from staying in) is for grown-ups who understand stuff. People who answer poll questions tend to want to appear to be proper people who deserve the vote that their social masters have deigned to give them. (Never mind that the last thing the public school elite respects in any member of the hoi polloi is an opinion on a social or political issue.) It could be different on the day.
Sturgeon was hilarious when she advised Cameron not to repeat the mistakes of the NO campaign in the indyref. You what?
All the stuff about the Scottish angle, and what happens if Scotland has a different result from Britain as a whole, comes down to the SNP playing its traditional role of helping the Tory government.
But Toryism is much bigger than the Tory government, as we shall soon find out.
Comments
https://twitter.com/Wahlrecht_de/status/699220200537858049
It does seem a bit odd for a country founded on the basis of a Constitution which is treated with the reverence that approaches religion should have so many people that dislike someone because he wants people to follow what that document says, rather than what would be convenient for them for it to say.
Just as bizarre as the American right's hatred for the ACLU, an organisation that exists to preserve and defend the rights guaranteed by the Constitution.
Yes, ..But where do the laws evolve from that are then followed within the ECJ?
Cutting to the quick does it matter either way because why do they even have any jurisdiction over our National laws. I don't regard the ECJ as international law by the way just another level of Europe.
Interesting trends. Spot the moment Merkel opened the doors:
https://en.wikipedia.org/wiki/Opinion_polling_for_the_next_German_federal_election#/media/File:German_Opinion_Polls_2017_Election.png
Genuine question.
DPRK News Service
Elections for chief US warlord move to South Carolina province, known for mountain scenery, oppression of negroes, and cannibalism.
http://www.thedailybeast.com/articles/2016/02/12/no-joke-trump-can-win-plenty-of-latinos.html
Seems like he has found a new way of doing politics:
While Latinos haven’t forgotten what Trump said about Mexican immigrants being criminals and rapists, and how he wants to deport 11 million people, they have begun to put such comments in the context of a candidate who, it often seems, has offended just about everyone in this country.
So that's OK then!
new thread
Yes, ..But where do the laws evolve from that are then followed within the ECJ?
Cutting to the quick does it matter either way because why do they even have any jurisdiction over our National laws. I don't regard the ECJ as international law by the way just another level of Europe.
ECJ is entirely EU. I think you are confusing it with the ECHR.
His twisting and ever shifting interpretation of the 14th amendment was breathtakingly hypocritical for an "Originalist"
Yes, was getting confused. A bit like some BBO’s. Prosoners Votes wass originally an ECHR decision which as you rightly point is nothing to do with the EU. However, the ECJ has muddied the waters by suggesting that prisoners may have a right to vote in European elections.
Please don't feel insulted. I said "Most Tory members and voters are blockheaded xenophobes, whether they're impoverished petty bourgeois whose children won't be taking over the business [or whether they're in certain other specified demographics]". Not all. Most. And the same goes for the ones in those demographics.
I recognise that some people will vote LEAVE (or REMAIN) having considered the "issues" in terribly deb-soc fashion and for reasons that are fairly rational. Not like those oiks on public transport, busy having children to get council flats, eh? But I'd love to discuss stuff with someone here who realises not everyone is like that and who recognises the role of the irrational. Everyone's got one vote, and turnout is likely to top 80%.
It's interesting how LEAVE is Anglo-Saxon, whereas REMAIN is Romance. Which side appeals to the subterranean, the past, the traditional, the unrecognised, the id? If you were at an advertising agency working for the campaign to withdraw, would you think having LEAVE against REMAIN would help or hinder your message?
If the LEAVE campaign is well run, they could walk this. Never mind the appeal to responsibility that's embedded in the word "remain", as though remaining (as distinct from staying in) is for grown-ups who understand stuff. People who answer poll questions tend to want to appear to be proper people who deserve the vote that their social masters have deigned to give them. (Never mind that the last thing the public school elite respects in any member of the hoi polloi is an opinion on a social or political issue.) It could be different on the day.
All the stuff about the Scottish angle, and what happens if Scotland has a different result from Britain as a whole, comes down to the SNP playing its traditional role of helping the Tory government.
But Toryism is much bigger than the Tory government, as we shall soon find out.