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The · Psychohistorian

What happened to the constitution?

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Sonia Sotomayor, based on reading a few of her opinions and summaries of dozens more, appears to apply the law as strictly and logically as possible. This is of course exactly what the Republicans always claim to want: supreme court justices who will strictly apply the law. It is no surprise that the Republicans have already decided not to attempt a filibuster.

Unfortunately, like all other recent nominees, she seems willing to be a lot more cavalier about the constitution. While she's ardently championed the first amendment in some cases, she's quite willing to dismiss the second amendment as not being "fundamental", even in the face of a recent clear supreme court ruling to the contrary. I guess she's never lived in a country that became a dictatorship.

I wish that one of these years, we'd get a nominee that was willing to strictly interpret the constitution, as well as the law.
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On May 28th, 2009 01:12 pm (UTC), greyautumnrain commented:
Well some amendments in the bill of rights are more equal than others. I mean, it's not like the constitution was written by a bunch of armed rebels. Oh wait...
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On May 28th, 2009 01:44 pm (UTC), mjperson replied:
"More equal than others." Yeah, I've been waiting most of my life for someone to notice the 9th and 10th amendments...
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On May 28th, 2009 02:34 pm (UTC), psychohist replied:
Are you talking about the commerce clause, used by the federal government to justify all sorts of laws because 'almost everything is related to commerce', or incorporation, which uses the 14th amendment to apply the bill of rights to the states as well as the federal government?
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