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Judiciary A forum to discuss court decisions and the judicial system in general

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  #121 (permalink)  
Old 06-25-2008
Mick Jagger's Avatar
Mick Jagger Mick Jagger is offline
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Re: What is your view on appropirate Judicial Philosphy?

Quote:
Originally Posted by Marcus1124 View Post
I will not be answering any more of your questions until you answer every question I have asked you..
Whatever you want to do is fine with me, Marcus.

I assume you agree with me that we shouldn't include the Plain Meaning Rule in the set of rules we use to ascertain the will of the lawmakers of the Constitution, because the rule probably didn't actually exist at that time.

Let's move on to the second rule of construction you claim was existent at the time the Constitution was made. Here's what you posted?
Ejusdem generis (Of the same kinds, class, or nature)

When a list of two or more specific descriptors are followed by more general descriptors, the otherwise wide meaning of the general descriptors must be restricted to the same class, if any, of the specific words that precede them.
Expressio unius est exclusio alterius (The express mention of one thing excludes all others)
Items not on the list are assumed not to be covered by the statute. However, sometimes a list in a statute is illustrative, not exclusionary. This is usually indicated by a word such as "includes."
Have you determined that this rule had actually been adopted prior to the time the Constitution was made?
__________________
I find it appalling that Justice Antonin Scala, in his dissenting opinion in McCreary County v. ACLU, constructed his model of "the relationship between church and state" in America without even considering the actual text of the Constitution. How do incompetents like him get on the U. S. Supreme Court?

Last edited by Mick Jagger; 06-25-2008 at 07:09 PM.
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  #122 (permalink)  
Old 06-26-2008
Marcus1124 Marcus1124 is offline
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Member Since: Dec 2004
Location: DC
Posts: 5,118

   
Re: What is your view on appropirate Judicial Philosphy?

Quote:
Mick Jagger
Whatever you want to do is fine with me, Marcus.

I assume you agree with me that we shouldn't include the Plain Meaning Rule in the set of rules we use to ascertain the will of the lawmakers of the Constitution, because the rule probably didn't actually exist at that time.

Let's move on to the second rule of construction you claim was existent at the time the Constitution was made. Here's what you posted?

Ejusdem generis (Of the same kinds, class, or nature)

When a list of two or more specific descriptors are followed by more general descriptors, the otherwise wide meaning of the general descriptors must be restricted to the same class, if any, of the specific words that precede them.
Expressio unius est exclusio alterius (The express mention of one thing excludes all others)
Items not on the list are assumed not to be covered by the statute. However, sometimes a list in a statute is illustrative, not exclusionary. This is usually indicated by a word such as "includes."

Have you determined that this rule had actually been adopted prior to the time the Constitution was made?
I will not be answering any more of your questions until you answer every question I have asked you, including to list specific citations from Blackstone supporting your view that it is a general guide for the interpretation of legal texts.

Time to PUT UP OR SHUT UP!
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"It's a good feeling to shoot a bad guy. Something you democrats would never understand. Americans are homesteaders, we want a safe home, keep the money we make, and shoot bad guys!"

----Denny Crane

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  #123 (permalink)  
Old 06-26-2008
Mick Jagger's Avatar
Mick Jagger Mick Jagger is offline
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Member Since: May 2008
Location: USA
Posts: 372

   
Re: What is your view on appropirate Judicial Philosphy?

Quote:
Originally Posted by Marcus1124 View Post
I will not be answering any more of your questions until you answer every question I have asked you, including to list specific citations from Blackstone supporting your view that it is a general guide for the interpretation of legal texts.
Right now, we're investigating the rules/canons of construction that you want us to use to interpret the Constitution. We can do the same for the rules I propose, as soon as we finish the present inquiry into your proposed rules.

You claimed expertise in these matters and assured us that all of the rules you proposed using were established prior to, and in place at, the time the U. S. Constitution was made in the late 1780's. However, we couldn't determine that the first rule on your list, the "plain meaning" rule, was established prior to the time the Constitution was made. Therefore, we have eliminated it.

We are now investigation the second rule on you list of proposed rules, the rule of "Ejusdem generis." Since we can't find any evidence that the "Ejusdem generis" rule was established prior to the making of the Constitution, I am sure you will agree with me that it must also be excluded from the rules we use to interpret the Constitution.
__________________
I find it appalling that Justice Antonin Scala, in his dissenting opinion in McCreary County v. ACLU, constructed his model of "the relationship between church and state" in America without even considering the actual text of the Constitution. How do incompetents like him get on the U. S. Supreme Court?
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  #124 (permalink)  
Old 06-26-2008
Marcus1124 Marcus1124 is offline
Secretary of State

 
Member Since: Dec 2004
Location: DC
Posts: 5,118

   
Re: What is your view on appropirate Judicial Philosphy?

Quote:
Mick Jagger
Right now, we're investigating the rules/canons of construction that you want us to use to interpret the Constitution. We can do the same for the rules I propose, as soon as we finish the present inquiry into your proposed rules.

You claimed expertise in these matters and assured us that all of the rules you proposed using were established prior to, and in place at, the time the U. S. Constitution was made in the late 1780's. However, we couldn't determine that the first rule on your list, the "plain meaning" rule, was established prior to the time the Constitution was made. Therefore, we have eliminated it.

We are now investigation the second rule on you list of proposed rules, the rule of "Ejusdem generis." Since we can't find any evidence that the "Ejusdem generis" rule was established prior to the making of the Constitution, I am sure you will agree with me that it must also be excluded from the rules we use to interpret the Constitution.
I will not be answering any more of your questions until you answer every question I have asked you, including to list specific citations from Blackstone supporting your view that it is a general guide for the interpretation of legal texts.

Time to PUT UP OR SHUT UP!
__________________
"It's a good feeling to shoot a bad guy. Something you democrats would never understand. Americans are homesteaders, we want a safe home, keep the money we make, and shoot bad guys!"

----Denny Crane

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  #125 (permalink)  
Old 06-26-2008
Mick Jagger's Avatar
Mick Jagger Mick Jagger is offline
County Executive

 
Member Since: May 2008
Location: USA
Posts: 372

   
Re: What is your view on appropirate Judicial Philosphy?

Quote:
Originally Posted by Marcus1124 View Post
I will not be.....
Have you ascertained for certain that the third rule on your list was actually well established prior to the making of the Constitution, or will we find out that it also was not even in existence at the time when the Constitution was made?
__________________
I find it appalling that Justice Antonin Scala, in his dissenting opinion in McCreary County v. ACLU, constructed his model of "the relationship between church and state" in America without even considering the actual text of the Constitution. How do incompetents like him get on the U. S. Supreme Court?
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  #126 (permalink)  
Old 06-26-2008
Marcus1124 Marcus1124 is offline
Secretary of State

 
Member Since: Dec 2004
Location: DC
Posts: 5,118

   
Re: What is your view on appropirate Judicial Philosphy?

Quote:
Mick Jagger
Have you ascertained for certain that the third rule on your list was actually well established prior to the making of the Constitution, or will we find out that it also was not even in existence at the time when the Constitution was made?
I will not be answering any more of your questions until you answer every question I have asked you, including to list specific citations from Blackstone supporting your view that it is a general guide for the interpretation of legal texts.

Time to PUT UP OR SHUT UP!
__________________
"It's a good feeling to shoot a bad guy. Something you democrats would never understand. Americans are homesteaders, we want a safe home, keep the money we make, and shoot bad guys!"

----Denny Crane

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  #127 (permalink)  
Old 06-26-2008
Mick Jagger's Avatar
Mick Jagger Mick Jagger is offline
County Executive

 
Member Since: May 2008
Location: USA
Posts: 372

   
Re: What is your view on appropirate Judicial Philosphy?

Quote:
Originally Posted by Marcus1124 View Post
...your view that it is a general guide for the interpretation of legal texts.
Where did I ever say that, Marcus?
__________________
I find it appalling that Justice Antonin Scala, in his dissenting opinion in McCreary County v. ACLU, constructed his model of "the relationship between church and state" in America without even considering the actual text of the Constitution. How do incompetents like him get on the U. S. Supreme Court?
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  #128 (permalink)  
Old 06-26-2008
Marcus1124 Marcus1124 is offline
Secretary of State

 
Member Since: Dec 2004
Location: DC
Posts: 5,118

   
Re: What is your view on appropirate Judicial Philosphy?

Quote:
Mick Jagger
Where did I ever say that, Marcus?
I will not be answering any more of your questions until you answer every question I have asked you, including to list specific citations from Blackstone supporting your view that it is a general guide for the interpretation of legal texts.

Time to PUT UP OR SHUT UP!
__________________
"It's a good feeling to shoot a bad guy. Something you democrats would never understand. Americans are homesteaders, we want a safe home, keep the money we make, and shoot bad guys!"

----Denny Crane

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  #129 (permalink)  
Old 06-27-2008
Mick Jagger's Avatar
Mick Jagger Mick Jagger is offline
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Member Since: May 2008
Location: USA
Posts: 372

   
Re: What is your view on appropirate Judicial Philosphy?

I have ascertained that the third rule on Little Mister Amateur History of Constitutional Interpretation Expert's list of canons of construction wasn't well established prior to the making of the Constitution.
__________________
I find it appalling that Justice Antonin Scala, in his dissenting opinion in McCreary County v. ACLU, constructed his model of "the relationship between church and state" in America without even considering the actual text of the Constitution. How do incompetents like him get on the U. S. Supreme Court?
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  #130 (permalink)  
Old 06-27-2008
Marcus1124 Marcus1124 is offline
Secretary of State

 
Member Since: Dec 2004
Location: DC
Posts: 5,118

   
Re: What is your view on appropirate Judicial Philosphy?

Quote:
Mick Jagger
I have ascertained that the third rule on Marcus' list canons of construction wasn't well established prior to the making of the Constitution.
Please prove it
__________________
"It's a good feeling to shoot a bad guy. Something you democrats would never understand. Americans are homesteaders, we want a safe home, keep the money we make, and shoot bad guys!"

----Denny Crane

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  #131 (permalink)  
Old 07-14-2008
Mick Jagger's Avatar
Mick Jagger Mick Jagger is offline
County Executive

 
Member Since: May 2008
Location: USA
Posts: 372

   
Re: What is your view on appropirate Judicial Philosphy?

Quote:
Originally Posted by Marcus1124 View Post
Please prove it
Look it up yourself.
__________________
I find it appalling that Justice Antonin Scala, in his dissenting opinion in McCreary County v. ACLU, constructed his model of "the relationship between church and state" in America without even considering the actual text of the Constitution. How do incompetents like him get on the U. S. Supreme Court?
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