Home Forums Hunting & Shooting Hunter's Campfire Federal Judge: Constitution Not Worth Studying Anymore

He is right. The document became more or less irrelevant decades ago. We don't follow it. So why bother studying it?

The Judge makes alot of sense

No he's wrong and is representative of what is wrong in this country as are those that think like him. Include yourself if you are so inclined. We need the constitution now as much or more than we ever did. Now is not the time to diminish it nor has there ever been such a time.

It's long past diminished.

I am an American and in my eyes it is not nor have I done anything to diminish it. It is my birthright. Evidently you think differently and do not hold it in high esteem. So be it.

It's long past diminished.

And apparently you are incapable of distinguishing between your wants, desires, and wishes upon a star from reality. It matters not how you or I feel about it. The fact is it is an irrelevant document that has absolutely failed to limit the power of size of government and it is scarcely followed by anyone.

They've been playing with it for a long damned time. The Supreme Court once said that they can prohibit you from having a backyard garden because the corn you wouldn't buy because you had that garden was part of the stream of interstate commerce. If they can justify that, they can do anything.

And replace it with "what"?

Culture and technology may change, but human nature remains unchanged and the acquisition of power (and use of same)by corrupt individuals and governments will continue unabated.

But the document and the foresight of the founders is all that prevents it, and stands above the fray.

To suggest that we should trust any portion of todays crop of fools with the ability to tamper with it, is ridiculous.

The judge is an idiot.

The fact is it is an irrelevant document that has absolutely failed to limit the power of size of government and it is scarcely followed by anyone.

...so because no one follows the speed limit we should ignore the signs.

Well BobinH theres a crop of Fools who think a Tax dodging, Mysoginist Bigot shoud lead this country ....

The Documents been so comprimised now that its relevance sure can be question.

The Judge makes alot of sense

...so because no one follows the speed limit we should ignore the signs.

Posner is essentially the touchstone on tort law in the US.

However, his views on the Constitution are ludicrous, and completely unsuitable for any sitting judge at any level. He should be removed, or have the honor and integrity to step down.

And replace it with "what"?

Culture and technology may change, but human nature remains unchanged and the acquisition of power (and use of same)by corrupt individuals and governments will continue unabated.

But the document and the foresight of the founders is all that prevents it, and stands above the fray.

To suggest that we should trust any portion of todays crop of fools with the ability to tamper with it, is ridiculous.

The judge is an idiot.

July 1, 2016
Federal judge goes all in against rule of law, tosses stare decisis
By Sierra Rayne
A couple days ago, I discussed how Judge Richard Posner of the U.S. Court of Appeals for the 7th Circuit has advocated that no judge should spend even a few seconds "studying the Constitution, the history of its enactment, its amendments, and its implementation."

Such a public statement appears to be in contravention of 28 U.S. Code §453, the oath of judges, which requires all judges to "faithfully and impartially discharge and perform all the duties incumbent ... under the Constitution and laws of the United States."

No he's wrong and is representative of what is wrong in this country as are those that think like him. Include yourself if you are so inclined. We need the constitution now as much or more than we ever did. Now is not the time to diminish it nor has there ever been such a time.

This judges is a liar and a fraud, that is what he is saying. He took an oath to carry out his duties according to the constitution and now he is saying opening ly that he lied during his oath and committed fraud inorder to be a judge.

He should imediatley be removed from office and prosecuted!

The judge is an idiot.

According to 7th Circuit Judge Richard Posner, writing on Slate.com, it’s time for the Supreme Court – and, indeed, law students everywhere – to stop giving so much deference to that old, musty document known as the U.S. Constitution.

“I see absolutely no value to a judge of spending decades, years, months, weeks, days, hours, minutes, or seconds studying the Constitution, the history of its enactment, its amendments, and its implementation,” Posner wrote. “Eighteenth-century guys, however smart, could not foresee the culture, technology, etc. of the 21st century. Which means that the original Constitution, the Bill of Rights, and the post-Civil War amendments (including the 14th), do not speak to today.”

Posner concluded: “In short, let’s not let the dead bury the living.”

Posner, an appointee of Ronald Reagan, is surely entering the initial stages of some form of regrettable dementia.

If anything, our current Supreme Court justices have strayed too far from their constitutional grounding. Increasingly, they put on those black robes and suddenly consider themselves the wisest men and women in the land, imbued with the kind of grand ideas and exceptional genius that renders the Constitution (and even legal precedent) matters of triviality. If these things can be used to support their learned opinion, great. If not, well, that’s fine too. No such banalities can be used to question a mighty Justice! Begone, peasant.

Posner is right, of course, that there are aspects of 21st century American life that are too far removed from the Revolution-era to make constitutional application an easy job. But then, that’s why we have the Supreme Court. If you could find every answer in the written text of that hallowed document, we would hardly need all of this “interpretation.”

But without a close study of the Constitution, its framers, and its intent, we are a ship lost at sea, simply making the rules up as we go along. At some point, Posner (and many other liberals) apparently forgot that the Constitution was – and is – one of the greatest legal foundations for government in the history of the world. Upon those brilliant insights, we built a country that permanently changed this thing we call life.

The grand importance of the Constitution, though, is not in its specificity or its one-to-one relevance in 2016. It’s the theme that is written between every calligraphic line: Whenever possible, the power of the federal government over the citizenry should be severely limited. This should be the guiding light of every Supreme Court Justice, every senator, every congressman, and every president.

“I think the Supreme Court is at a nadir,” wrote Posner at another point in his essay. “The justices are far too uniform in background, and I don’t think there are any real stars among them.”

Well, then, Judge Posner, this would be a pretty bad time for them to start ignoring the Constitution, wouldn’t it?

The document is open to interpretation by the Courts. That's why they are there.

Just because things don't always go as you like, you don't throw the baby out with the bathwater.

It seems like the only time it's " interpreted" is when someone, usually the government, wants to do something to somebody, usually " We The People", that the Constitution already expressly prohibits them from doing, in plain simple English that even lawyers, judges, and politicians ought to be able to understand.

According to 7th Circuit Judge Richard Posner, writing on Slate.com, it’s time for the Supreme Court – and, indeed, law students everywhere – to stop giving so much deference to that old, musty document known as the U.S. Constitution.

“I see absolutely no value to a judge of spending decades, years, months, weeks, days, hours, minutes, or seconds studying the Constitution, the history of its enactment, its amendments, and its implementation,” Posner wrote. “Eighteenth-century guys, however smart, could not foresee the culture, technology, etc. of the 21st century. Which means that the original Constitution, the Bill of Rights, and the post-Civil War amendments (including the 14th), do not speak to today.”

Some have made the argument, bordering on the frivolous, that only those arms in existence in the 18th century are protected by the Second Amendment. We do not interpret constitutional rights that way. Just as the First Amendment protects modern forms of communications, e.g., Reno v. American Civil Liberties Union, 521 U. S. 844, 849 (1997), and the Fourth Amendment applies to modern forms of search, e.g., Kyllo v. United States, 533 U. S. 27, 35–36 (2001), the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.

DC v Heller, 2008
[emphasis added]

And replace it with "what"?

Culture and technology may change, but human nature remains unchanged and the acquisition of power (and use of same)by corrupt individuals and governments will continue unabated.

But the document and the foresight of the founders is all that prevents it, and stands above the fray.

To suggest that we should trust any portion of todays crop of fools with the ability to tamper with it, is ridiculous.

The judge is an idiot.