U.S. Constitution Is Outdated, Judges Should Stop Studying It

[SuperDave]

7th Circuit Judge Richard Posner

Law school professors need more practical experience.

 

[DancingOutlaw]

 

[volinbham]

7th Circuit Judge Richard Posner

Law school professors need more practical experience.

Fine for him until the "practical" interpretation jails him for something the Constitution suggests is within his rights as a citizen.

Bet he's one of those who thinks the 2A only applies to muskets because that's what they were using when they wrote it.

 

[BigOrangeTrain]

El stupido

 

[Obsessed]

I read this today and just knew it was a hoax. No one could be this damn stupid....


Sigh....

 

[SuperDave]

 

[FLVOL69]

Nice snapper..

 

[SuperDave]

"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."


He has a point.

 

[T-TownVol]

Nice snapper..

Not pink enough.....

 

[Obsessed]

"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."


He has a point.

Lmao.

 

[joevol33]

"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."


He has a point.

No he doesn't.

 

[BigOrangeTrain]

"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."


He has a point.

Just goes to show how sad you are that you think he has a point.

 

[n_huffhines]

"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."

He has a point.

Then amend it.

 

[FLVOL69]

Not pink enough.....

Wasn't talking about the fish..

 

[BearCat204]

Wasn't talking about the fish..

I don't think he was either

 

[ClearwaterVol]

Despite my respect for Scalia, whom I think was a brilliant jurist, one of the things that has made the constitution great is the manner in which it can be interpreted in a manner that evolves. 2A is not written as the right to own muskets and knives. Though the 14th was created to address the situation that was facing former slaves... it was drafted in a much broader sense and is applicable to all citizens.

So, this guy mentioned in OP is daft.

 

[YorkVol]

"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."


He has a point.

Which is that he would like the circumvent the constitutional amendment process.

 

[volinbham]

"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."


He has a point.

only on the top of his head.

The created a system.

If we take this tack then the 1st and 4th amendments shouldn't apply to email, telephone calls, postings on the Internet, etc. In fact, there's nothing preventing criminal charges being filed for his blog posting since it could be viewed as offensive to the government - remember the First Amendment doesn't apply since it's on a website.

 

[Orangedogsrule]

only on the top of his head.

The created a system.

If we take this tack then the 1st and 4th amendments shouldn't apply to email, telephone calls, postings on the Internet, etc. In fact, there's nothing preventing criminal charges being filed for his blog posting since it could be viewed as offensive to the government - remember the First Amendment doesn't apply since it's on a website.

Subversive traitor that 'e is! 'Ang 'eem from thuh yahrd arm!

 

[T-TownVol]

I don't think he was either

Ding....Ding....Ding....

 

[MG1968]

Fine for him until the "practical" interpretation jails him for something the Constitution suggests is within his rights as a citizen.

Bet he's one of those who thinks the 2A only applies to muskets because that's what they were using when they wrote it.

Check out the Girardoni air rifle from the time.

Girardoni Air Rifle « Forgotten Weapons

 

[Grand Vol]

Check out the Girardoni air rifle from the time.

Girardoni Air Rifle « Forgotten Weapons

That's it, you're going to jail for not posting this using a quill pen and sending it via horse to Freak to transcribe.

I'm pretty sure the stamps were cheaper back then too.

 

[Velo Vol]

He has a point.

Indeed. Why should our definition of "cruel and unusual punishment" or free speech be set by the world of 1789?

 

[volinbham]

Indeed. Why should our definition of "cruel and unusual punishment" or free speech be set by the world of 1789?

the definitions were not set.

the guiding principles were.

Clearly the courts were enabled to determine the definitions over time.

 

[Velo Vol]

the definitions were not set.

the guiding principles were.

Clearly the courts were enabled to determine the definitions over time.

Correct, it's a living document!