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Thread: Schumer wants a “mainstream” S. C. nominee, i.e., one who ignores legislative intent

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  1. #1
    Senior Member johnwk's Avatar
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    Schumer wants a “mainstream” S. C. nominee, i.e., one who ignores legislative intent

    See Schumer Threatens 'Tooth and Nail' Fight Over Supreme Court Nominee

    November 21, 2016

    ”Appearing on various Sunday talk shows, Schumer was asked if Senate Democrats will filibuster Trump's Supreme Court nominee, whoever it may be.

    "I would hope first and foremost that President Trump nominates a mainstream nominee capable of getting bipartisan support," Schumer told "Fox News Sunday."

    "If he does, then we'll give it just a very, very thorough vetting, but we won't ipso facto say no. If it's out of the mainstream, yes, we're going to fight that nominee tooth and nail."”


    According to Schumer, a mainstream nominee “is somebody you may not agree with on every issue but basically believes in precedent..." In other words, when a majority opinion is handed down by our Supreme Court as in Whole Women’s Health v. Hellerstedt which held 5 – 3 a Texas regulatory law constituted an impermissible “undue burden” on a woman’s right to an abortion [allegedly protected by the Fourteenth Amendment] we must accept this kind of judicial tyranny even though it is not in harmony with the documented intentions and beliefs expressed during the framing and ratification debates which gave us the Fourteenth Amendment.


    Keep in mind, The fundamental principle of constitutional construction is that effect must be given to the intent of the framers of the organic law and of the people adopting it. This is the polestar in the construction of constitutions, all other principles of construction are only rules or guides to aid in the determination of the intention of the constitution’s framers.--- numerous citations omitted__ Vol.16 American Jurisprudence, 2d Constitutional law (1992 edition), pages 418-19 - - - Par. 92. Intent of framers and adopters as controlling.

    In striking down the Texas regulatory law governing abortion clinics, by saying the law creates an “undue burden”, our Supreme Court has actually refused to preform it’s assigned duty to establish if the law is within the reserved powers of the State of Texas protected by the Tenth Amendment, or if the law violates the text of our written federal Constitution and its documented legislative intent which gives context to its text.

    Notwithstanding the above, our beloved Chuck Schumer’s test for a Supreme Court nominee is he/she must be “mainstream” and embrace precedent, even though that precedent is nothing more than the personal views of justice, fairness and reasonableness as expressed by a majority opinion, and is not in harmony with the text of our Constitution and its documented legislative intent which gives context to its text.


    I believe it’s time for Chuck Schumer to accept the fact that elections have consequences and the American People have agreed to Trump’s list of Supreme Court nominees, and restoring our constitutionally limited system of government. This of course means putting Supreme Court Justices on the bench who will honor the most fundamental rule of constitutional construction which was summarized by Jefferson in the following words:



    "On every question of construction [of the Constitution], carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed."--Thomas Jefferson, letter to William Johnson, June 12, 1823, The Complete Jefferson, p. 322.



    JWK




    The whole aim of construction, as applied to a provision of the Constitution, is to discover the meaning, to ascertain and give effect to the intent of its framers and the people who adopted it.
    _____HOME BLDG. & LOAN ASS'N v. BLAISDELL, 290 U.S. 398 (1934)

  2. #2
    Senior Member johnwk's Avatar
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    It’s time for Chuck Schumer and all of the American People to accept the fact that elections have consequences and Donald Trump has won the election.

    It is also time to return to the rule of law and fill our Supreme Court and lower courts with judges and Justices who will be obedient to the most fundamental rule of constitutional construction which is stated as follows:

    "The fundamental principle of constitutional construction is that effect must be given to the intent of the framers of the organic law and of the people adopting it. This is the polestar in the construction of constitutions, all other principles of construction are only rules or guides to aid in the determination of the intention of the constitution’s framers."--- numerous citations omitted__ Vol.16 American Jurisprudence, 2d Constitutional law (1992 edition), pages 418-19 - - - Par. 92. Intent of framers and adopters as controlling.


    JWK



    "The Constitution is the act of the people, speaking in their original character, and defining the permanent conditions of the social alliance; and there can be no doubt on the point with us, that every act of the legislative power contrary to the true intent and meaning of the Constitution, is absolutely null and void. ___ Chancellor James Kent, in his Commentaries on American Law [1858]
    Last edited by johnwk; 11-28-2016 at 10:53 AM.

  3. #3
    MW
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    Schumer isn't interested following the U.S. Constitution as intended. What he wants is someone that will interrupt law with a biased liberal bent. He wants to stack the court with more activist justices in the mold of Sotomayor and Kagan.

    "The only thing necessary for the triumph of evil is for good men to do nothing" ** Edmund Burke**

    Support our FIGHT AGAINST illegal immigration & Amnesty by joining our E-mail Alerts athttps://eepurl.com/cktGTn

  4. #4
    Senior Member johnwk's Avatar
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    Quote Originally Posted by MW View Post
    Schumer isn't interested following the U.S. Constitution as intended. What he wants is someone that will interrupt law with a biased liberal bent. He wants to stack the court with more activist justices in the mold of Sotomayor and Kagan.
    Indeed! Schumer and many others reject our constitutionally limited system of government and prefer to have our judges and Justices impose their personal sense of fairness, reasonableness, or justice as the supreme law of the land.


    JWK


    "The public welfare demands that constitutional cases must be decided according to the terms of the Constitution itself, and not according to judges' views of fairness, reasonableness, or justice." -- Justice Hugo L. Black ( U.S. Supreme Court Justice, 1886 - 1971) Source: Lecture, Columbia University, 1968


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