Which posters would you appoint to the Supreme Court?

[John Dibble]

His obituary would probably state: "Fell on a gavel 50 times"

Opebo's Obituary: "Fell on a gavel 50 times"
Opebo's Biography: "Fell on a prostitute 50 times"

Actually, now that I've thought about it, he'd quit the first day because he would consider being on the Supreme Court as work.

[Peter]

For those attempting analyses involving me:

Abortion - this would be somewhat complicated: I do not hold there to be an absolute right to an abortion as Emsworth mentions, however, I do hold there to a be one in cases of health/life threats to the mother, and in that mould, I would quite possibly uphold Stenberg using O'Connor's concurrence in that ruling. I would be definitively requiring absolute statements of health/life exceptions from the legislatures in their statutes.

Church and State - I tend to lean quite liberal on this matter, upholding McCreary County v. ACLU on distinct religious displays in govt buildings. I would not be accomodating of teacher led school prayer. I may move conservatively on state funding of education that has religious elements.

Eminent Domain - Uphold Kelo v. New London

Commerce Clause - Uphold Lopez, reverse Raich v. Gonzales. I may be open to the more liberal interpretations of interstate commerce, and of the "moderate libertarian" judges being named I would probably be amongst the liberal wing on this matter most likely along with Ernest.

Affirmitive Action - I would probably strike all racial AA, similarly with economic, though I may be willing to uphold it in certain special circumstances.

On most other social issues, I can be expected to vote quite liberally, I would be willing to use substantive due process to protect rights where the government lacks any rational justification for its actions. I would generally vote for review of almost all capital sentence cases, though I may not vote to strike it down at all opportunities.

Gun Rights - I would be the true swing vote on many of the Courts named. If the Court was actually taking cases on the 2nd Amendment (unlike every modern Court), I would use "well regulated militia" to uphold registration and licensing requirements, I would however not allow "absolute" bans on ownership of certain weapons that have been allowed today.

If any other clarifications are sought, I am willing.

[The Duke]

I really don't know why I keep getting called a populist.

[Emsworth]

Seems like a good idea. I'll explain my positions on important issues as well:

Originalism: I hold that the original intent can be considered, but should not be the guiding principle. Original intent cannot always be determined; one normally cannot discern that a particular view would have been taken by a majority of the Framers and a majority of the ratifiers. Instead, one normally knows only the opinions of a few more vocal Framers.

Abortion: My position is quite simple; I believe that at no stage of the pregnancy does a fetus constitute a person, and therefore have a right to life. Thus, I would support an absolute right to have abortions. However, I do support parental notification, and even parental consent laws.

Religion: I would vote against religious displays on government property. (I mean truly religious displays - not artwork showing Moses carrying the Ten Commandments, or Greek mythology, for example.) Official prayers, whether student-led or teacher-led, would be deemed unconstitutional, as would the inclusion of "under God" in the pledge.

Eminent domain: I would vote to overturn Kelo v. New London on the grounds of the Fourteenth Amendment.

Commerce clause: I would have a limited view of the commerce clause. The interpretation of Chief Justice John Marshall is definitely acceptable; however, the excessively broad interpretation of recent years (Raich and many of the decisions of the Warren Court still standing) would be reversed.

Affirmative action, quotas: Unconstitutional when done by the government; irrelevant when performed by private organizations. (If a private organization wishes to hire just African Americans, then the government has no business intervening.)

[Emsworth]

I really don't know why I keep getting called a populist.

Perhaps not the right word. It's just shorthand for liberal or left-leaning on economics, and conservative or right-leaning on social issues.

[A18]

Originalism: I hold that the original intent can be considered, but should not be the guiding principle. Original intent cannot always be determined; one normally cannot discern that a particular view would have been taken by a majority of the Framers and a majority of the ratifiers. Instead, one normally knows only the opinions of a few more vocal Framers.

See: http://www.townhall.com/columnists/thomassowell/ts20050721.shtml

Those who try to follow the "original intent" of the Constitution cannot do so, according to Professor Fish, because "the author's intent" cannot be discerned, "so the intention behind a text can always be challenged by someone else who marshals different evidence for an alternative intention."

Clever, but no cigar.

While the phrase "original intent" has been used as a loose label for the philosophy of judges who believe in sticking to the law as it is written, judges with this philosophy have been very explicit, for more than a century, that they did not -- repeat, not -- mean getting inside the heads of those who wrote the constitution.

Justice Oliver Wendell Holmes said it in plain English, that interpreting what was meant by someone who wrote a law was not trying to "get into his mind" because the issue was "not what this man meant, but what those words would mean in the mouth of a normal speaker of English, using them in the circumstances in which they were used."

[The Duke]

Statist

[WMS]

OK, let's start the appreciation process...

Chief Justice: Al

Associate Justices:
Tredrick
dazzleman
Emsworth
Ebowed
Supersoulty
WMS
New Federalist
PBrunsel

Thanks to Jake, who may have given me hell when I was a Senator but who would put me on the Court anyway.

Chief Justice: Al

Associate Justices:
Harry
Jake
Emsworth
A18
Robert Goldwater
nini2287
Clay
WMS

(I tried to give this one some good balance.  I think if I've done my math right that this court would rule against both abortion[1] and the death penalty[2].  The Chief Justice would be a swing voter on both issues.  Such a court would also uphold gun rights[3] and likely label affirmative action unconstitutional.[4])

And thanks to you, Ebowed! In answer to your 'math question': [1] Yes [2] Probably [3] Yes [4] Yes.

Chief Justice - Lunar

Associate Justices:

Dazzleman
New Federalist
A18
King
Siege40
David S
Al
WMS

And a shout-out to Nation!

Chief Justice: KEmperor

Associate Justices:
Sam Spade
Ernest
Emsworth
Peter Bell
Supersoulty
Tredrick
WMS
Al

If anyone wants to analyze that, be my guest.

Praise be to you as well! Pretty balanced Court...

Sam Spade, and WMS...good selections.

I wish I could be FDR and expand the court just so I could pack em all on.

Better an afterthought than no thought at all. Do it! Expand the Court!

[Max Power]

Using Peter's Standards:

Abortion - I believe, like Emsworth, that there is an absolute right to an abortion. I do not believe in parental consent, but I do believe in parental notification unless rape or incest is involved. I do not believe women need their husbands approval to get an abortion.

Church and State - I believe in an absolute Seperation of Church and State. There should be no organized prayer in school unless it's private. I also think that 'under god' should stay in the pledge of allegiance, and
'in god we trust' should stay on coins.

Eminent Domain - Repeal Kelo v. New London, as it is local socialism and completely unconstitutional for the government to take land from private owners.

Commerce Clause - Unsure what this is.

Affirmitive Action - I would vote against Affirmitive Action unless it was in the case of employers firing/not hiring do to race, which is sometimes provable.

Capital Punishment- I would vote to ban capital punishment if a vote was held.

Gun Rights - I would vote to uphold the assualt weapons ban, but would largely be a swing vote.

Not that anybody cares, seeing how many lists I'm on.

[Emsworth]

Commerce Clause - Unsure what this is.

"The Congress shall have Power ... To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes."

The primary point of controversy is the issue of what constitutes "commerce among the several States."

You must be logged in to read this quote.

I would vote for upholding capital punishment, even though I am personally opposed to it, because I don't see any constitutional basis for deciding otherwise.

[Max Power]

"The Congress shall have Power ... To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes."

The primary point of controversy is the issue of what constitutes "commerce among the several States."

Sounds like it means taxes.

[Emsworth]

"The Congress shall have Power ... To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes."

The primary point of controversy is the issue of what constitutes "commerce among the several States."

Sounds like it means taxes.

Not exactly. The controversy is about two issues primarily. Firstly, does commerce include just the sale and purchase of goods and services, or also other areas like transportation, labor, etc.? Secondly, what does "among the several states" mean?

[Max Power]

"The Congress shall have Power ... To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes."

The primary point of controversy is the issue of what constitutes "commerce among the several States."

Sounds like it means taxes.

Not exactly. The controversy is about two issues primarily. Firstly, does commerce include just the sale and purchase of goods and services, or also other areas like transportation, labor, etc.? Secondly, what does "among the several states" mean?

1. Probably just sales and purchases.

2. Probably something about states trading and selling goods with each other. I bet the Federalists put it in.

[Emsworth]

1. Probably just sales and purchases.

Hmm, that's a much narrower view than even the Rehnquist/Scalia/Thomas bloc takes.

You must be logged in to read this quote.

The controversy is not about states selling to each other. It has been acknowledged by all reasonable scholars that it involves commerce by the people in different states, not just by the states themselves. Essentially, some argue that there is no interstate commerce unless a good crosses state lines. Others argue that goods and services can be part of the general flow of interstate commerce, and can therefore be regulated by Congress.

There's a Wikipedia article that might be helpful.

[The Dowager Mod]

SuperSoulty
Keystone Phil
Nym
Dibble
KEmperor
WMS
Siege40
New Federalist
Dazzleman

[WMS]

SuperSoulty
Keystone Phil
Nym
Dibble
KEmperor
WMS
Siege40
New Federalist
Dazzleman

Oh fine, make me post another appreciation response.

Thanks in any event.

[Keystone Phil]

SuperSoulty
Keystone Phil
Nym
Dibble
KEmperor
WMS
Siege40
New Federalist
Dazzleman

A very interesting court to say the least!

[Emsworth]

SuperSoulty
Keystone Phil
Nym
Dibble
KEmperor
WMS
Siege40
New Federalist
Dazzleman

Analyzing this one would be difficult, but anyway: It appears to include two conservatives (Dazzleman and Phil), two liberals (Siege40 and Nym), two populists/statists (WMS and Supersoulty), and three libertarians (New Federalist, KEmperor, and Dibble).

So on economic issues, there would be a definite conservative majority, 5-4. Supersoulty and WMS are not extreme economic liberals, but centrists, and could swing from time to time, resulting in 7-2 decisions. I don't imagine that any of the conservatives would swing to the other side.

Social issues should similarly see a 5-4 liberal majority. Here, one of the libertarians might swing to the conservative side on states' rights grounds. Alternatively. WMS or Supersoulty might swing to the liberal side, although this will be rarer on social issues than on economic ones.

[ilikeverin]

OK, let's start the appreciation process...

Chief Justice: Al

Associate Justices:
Tredrick
dazzleman
Emsworth
Ebowed
Supersoulty
WMS
New Federalist
PBrunsel

Thanks to Jake, who may have given me hell when I was a Senator but who would put me on the Court anyway.

Chief Justice: Al

Associate Justices:
Harry
Jake
Emsworth
A18
Robert Goldwater
nini2287
Clay
WMS

(I tried to give this one some good balance.  I think if I've done my math right that this court would rule against both abortion[1] and the death penalty[2].  The Chief Justice would be a swing voter on both issues.  Such a court would also uphold gun rights[3] and likely label affirmative action unconstitutional.[4])

And thanks to you, Ebowed! In answer to your 'math question': [1] Yes [2] Probably [3] Yes [4] Yes.

Chief Justice - Lunar

Associate Justices:

Dazzleman
New Federalist
A18
King
Siege40
David S
Al
WMS

And a shout-out to Nation!

Chief Justice: KEmperor

Associate Justices:
Sam Spade
Ernest
Emsworth
Peter Bell
Supersoulty
Tredrick
WMS
Al

If anyone wants to analyze that, be my guest.

Praise be to you as well! Pretty balanced Court...

Sam Spade, and WMS...good selections.

I wish I could be FDR and expand the court just so I could pack em all on.

Better an afterthought than no thought at all. Do it! Expand the Court!

Oh no, I forgot you!

*goes back and edits*

[bullmoose88]

SuperSoulty
Keystone Phil
Nym
Dibble
KEmperor
WMS
Siege40
New Federalist
Dazzleman

Analyzing this one would be difficult, but anyway: It appears to include two conservatives (Dazzleman and Phil), two liberals (Siege40 and Nym), two populists/statists (WMS and Supersoulty), and three libertarians (New Federalist, KEmperor, and Dibble).

So on economic issues, there would be a definite conservative majority, 5-4. Supersoulty and WMS are not extreme economic liberals, but centrists, and could swing from time to time, resulting in 7-2 decisions. I don't imagine that any of the conservatives would swing to the other side.

Social issues should similarly see a 5-4 liberal majority. Here, one of the libertarians might swing to the conservative side on states' rights grounds. Alternatively. WMS or Supersoulty might swing to the liberal side, although this will be rarer on social issues than on economic ones.

You're slackin off on the reviews (see flyers)

Naw, just kiddin....keep it up though

[WMS]

Chief Justice - Peter Bell
Associate Justices:
Al
Emsworth
PBrunsel
Nym90
John Dibble
Gabu
WMS
John Ford

I'm not surprised to see myself on none of these lists; I'd be too biased towards the 'nice' side

OK ILV, you get an appreciation response as well - thanks! Especially for going back and editing me in!

[KillerPollo]

KillerPollo

I AM THE COURTS!

[Emsworth]

Mine:

Chief Justice: Nym90
Assoc. Justice: migrendel
Assoc. Justice: NickG
Assoc. Justice: bullmoose88
Assoc. Justice: nclib
Assoc. Justice: Peter Bell
Assoc. Justice: KEmperor
Assoc. Justice: NewFederalist
Assoc. Justice: supersoulty

There would be four liberals (Nym90, migrendel, NickG, and nclib), one populist (Supersoulty), and four libertarians (bullmoose, Peter Bell, KEmperor, and New Federalist).

On social issues, there is an overwhelming liberal majority. There might be a few 8-1 decisions with only Supersoulty dissenting; in some cases, the decisions might even be 9-0. On abortion, there might be more dissent, but the right to abortion should be quite safe in most cases.

Economic issues should see a little more division on the bench. With Supersoulty's vote, the liberals have a 5-4 majority. Peter Bell would probably swing to the liberal side from time to time.

On a sidenote, Bullmoose would write a lot of opinions criticizing the court for its lethargy.

[7,052,770]

Cheif Justice--Nym90
Associates:
Harry
Ebowed
Akno
Statesrights
milk_and_cereal
A18
BRTD
Al

seem to have covered the bases there.

[Frodo]

This court is about as centrist and well-reasoned as I can make it....

Chief Justice: Peter Bell

Associate Justices:

Joe Republic
Gabu
Ben
Q
Sam Spade
MHS2002
Alcon
John Ford
------------------------------------------------

I also had in mind to include WMS, Supersoulty, thefactor, Nym90, and some others, but there are only nine slots to fill, so...............