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Read the rules in the OP before posting, please.In order to ensure that this thread continues to meet TL standards and follows the proper guidelines, we will be enforcing the rules in the OP more strictly. Be sure to give them a re-read to refresh your memory! The vast majority of you are contributing in a healthy way, keep it up! NOTE: When providing a source, explain why you feel it is relevant and what purpose it adds to the discussion if it's not obvious. Also take note that unsubstantiated tweets/posts meant only to rekindle old arguments can result in a mod action. |
On April 05 2017 09:31 KwarK wrote: I'm sure they'll regret saying that as soon as Trump gets a map and someone to point out where Syria and Iraq are. You guys are unnecessarily sarcastic. Give the guy credit, he said that with him in office, ISIS would be destroyed in 30 days, and he.... OH NO!!!
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The U.S. military is trying to figure out whether certain heavy weapons are putting U.S. troops in danger.
The concern centers on the possibility of brain injuries from shoulder-fired weapons like the Carl Gustaf, a recoilless rifle that resembles a bazooka and is powerful enough to blow up a tank.
A single round for the Carl Gustaf can weigh nearly 10 pounds. The shell leaves the gun's barrel at more than 500 miles per hour. And as the weapon fires, it directs an explosive burst of hot gases out of the back of the barrel.
For safety reasons, troops are trained to take positions to the side of weapons like this. Even so, they get hit by powerful blast waves coming from both the muzzle and breech.
"It feels like you get punched in your whole body," is the way one Army gunner described the experience in a military video made in Afghanistan. "The blast bounces off the ground and it overwhelms you."
During the wars in Iraq and Afghanistan, the military recognized that the blast from a roadside bomb could injure a service member's brain without leaving a scratch. Hundreds of thousands of U.S. troops sustained this sort of mild traumatic brain injury, which has been linked to long-term problems ranging from memory lapses to post-traumatic stress disorder.
Also during those wars, the military began to consider the effects on the brain of repeated blasts from weapons like the Carl Gustaf. And some members of Congress became concerned.
Rep. Louise Slaughter, a congresswoman from upstate New York and a member of the Congressional Brain Injury Task Force, says she was once told of a soldier whose ears bled after using the Carl Gustaf.
"Obviously," Slaughter says, "we have to know. What kind of damage is that doing to soldiers in training and on the battlefield?"
The military got some hints about the risks of firing heavy weapons from a program it launched in Afghanistan.
In 2011, the Army equipped thousands of troops with blast gauges — coin-sized sensors worn on the head and shoulders.
The gauges, made by a company in Slaughter's district, were designed to measure the intensity of a blast from a roadside bomb. But they also revealed worrisome levels of blast exposure in some troops who were merely firing certain heavy weapons.
Last year, the military quietly pulled the blast gauges from wide use, saying they hadn't been useful in detecting brain injuries. Slaughter thinks that was a mistake.
"I don't understand the Pentagon's circular argument," Slaughter says. "They aren't using the gauges because they don't have the data to prove how effective they are. But it doesn't take a great brain to understand you will not get the data if you don't use the gauges."
The military declined several requests for an interview about the blast gauge program and the risks from firing weapons.
But in an email, an Army spokesperson said that the Department of Defense is still using blast gauges in research, including some studies that look at "cumulative low-level blast" effects.
And a scientist who works for a private company hired by the military to study blast exposure confirms that ongoing research includes studies of exposures during weapons training.
"The reason that these studies are being done is that at some point someone has said, 'I don't feel quite right,' " says Laila Zai, director of neuroscience research at Applied Research Associates.
But it's really tricky to turn these anecdotes into usable data. Even results from the Army's blast-gauge program in Afghanistan are hard to interpret because there were so many variables on the battlefield, Zai says.
For example, she says, buildings and other structures tend to reflect blast waves from a weapon — and that can result in much greater exposure than when the weapon is fired in an open field.
So Zai has been working with a researcher from the Navy. "What he's doing is putting sensors on people undergoing shoulder-mounted weapons training," she says. "And he's looking to see if the overpressure [the force of a blast] generated by various training scenarios ever overwhelms the threshold of safety."
It's all part of a five-year, $30 million effort by the Office of Naval Research to help the military figure out how much blast exposure is too much.
Last year, a military study showed that firing heavy weapons could temporarily impair learning and memory. Now, Slaughter says, the military needs to find out whether these short-term effects can lead to long-term injuries among members of the service.
"If we can save them from a lifetime of brain damage," she says, "for heaven's sake, it's our obligation to do it."
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On April 05 2017 18:12 Biff The Understudy wrote:Show nested quote +On April 05 2017 09:31 KwarK wrote: I'm sure they'll regret saying that as soon as Trump gets a map and someone to point out where Syria and Iraq are. You guys are unnecessarily sarcastic. Give the guy credit, he said that with him in office, ISIS would be destroyed in 30 days, and he.... OH NO!!!
As far as wrong predictions are concerned, I'll never forget election day in this thread. Someone said that if Trump was elected, we would have a thermonuclear war in 4 months. Luckily, my bunker is almost ready.
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On April 05 2017 12:51 Buckyman wrote: The danger of a living document approach is that it erodes the rule of law principle.
The rule of law principle is that it should be possible to tell, before taking an action, whether that action is legal and what penalties one might face if it isn't, if one is sufficiently familiar with the law and the precedent.
This isn't perfectly attainable in practice because some laws are ambiguous and haven't been clarified.
However, it's a different matter if a law might mean something five years from now that it doesn't today, and your actions today will be judged by what it means in the future rather than what it means now. This is inherently unfair.
Conversely, the closer the interpretations are to the plain meaning of the text, as understood at the time of the action if not at the time when it was written, the less people get screwed by reinterpretation.
This is exactly right, both philosophies are flawed, but originalism actually restrains the judicial branch and is more predictable. If laws are outdated congress can change them. I don't see a fix for the living document approach, you just have to cross your fingers and hope that justices come to an impartial and fair decision.
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More than half of Americans approve of the Affordable Care Act (ACA), according to a Gallup poll out Tuesday, marking the first time the law has gained majority support since Gallup began tracking public opinion on it in 2012.
Fifty-five percent of Americans say that former President Barack Obama's signature healthcare reform law should remain in place, though 40 percent say it needs significant changes. Still, the new rate is up significantly from November, when only 42 percent said they approved of the law.
ObamaCare seems have grown on independents the most in recent months. In November, right after the 2016 election, only 40 percent of independents said they approved of the law. But in Gallup's most recent poll, that number has jumped to 57 percent — a 17-point increase in five months.
The apparent wave of approval for ObamaCare comes less than two weeks after the failure of the American Health Care Act (AHCA), the GOP's plan to repeal and replace the ACA. The measure was backed by House Speaker Paul Ryan (R-Wis.) and the White House early on, but was ultimately withdrawn amid weak Republican support.
After the AHCA's defeat last month, Ryan and Trump signaled that they would move away from healthcare reform and focus instead on other policy areas, such as tax reform. But the GOP's longtime promise to do away with ObamaCare has since been revived, with Republican lawmakers in the planning phases of a new healthcare overhaul.
While the ACA has gained significant traction in recent months, the law is still an intensely divisive issue among Democrats and Republicans. Of the Republicans surveyed by Gallup, only 17 percent approved, but 86 percent of Democrats voiced approval of the law.
Other polls have recently shown majority approval for ObamaCare. Pew Research put support for the law at 54 percent in a survey released in February.
The Gallup poll was based on phone interviews with 1,023 U.S. adults in all 50 states, and was conducted April 1-2. Its margin of error is plus or minus 4 points.
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On April 05 2017 20:43 biology]major wrote:Show nested quote +On April 05 2017 12:51 Buckyman wrote: The danger of a living document approach is that it erodes the rule of law principle.
The rule of law principle is that it should be possible to tell, before taking an action, whether that action is legal and what penalties one might face if it isn't, if one is sufficiently familiar with the law and the precedent.
This isn't perfectly attainable in practice because some laws are ambiguous and haven't been clarified.
However, it's a different matter if a law might mean something five years from now that it doesn't today, and your actions today will be judged by what it means in the future rather than what it means now. This is inherently unfair.
Conversely, the closer the interpretations are to the plain meaning of the text, as understood at the time of the action if not at the time when it was written, the less people get screwed by reinterpretation. This is exactly right, both philosophies are flawed, but originalism actually restrains the judicial branch and is more predictable. If laws are outdated congress can change them. I don't see a fix for the living document approach, you just have to cross your fingers and hope that justices come to an impartial and fair decision. If all originalists are all also conservatives that have a personal interest in originalist views of the law, how exactly does originalism restrain those who practice it?
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Members of the conservative Freedom Caucus are demanding to be included in negotiations on tax reform to keep it from meeting the same embarrassing fate as the GOP’s effort to repeal Obamacare.
The head of the ultra-conservative group said Monday evening that lawmakers need to see the draft of a tax overhaul bill before it’s leaked to the media — which is what happened on the health care repeal bill. That measure failed in large part because it was written by leadership, and Freedom Caucus members felt they had no input.
“When a member sees the text for the first time in a leaked draft from Politico, therein is a problem,” said Rep. Mark Meadows (R-N.C.).
House Ways and Means members are working on a reform bill even as it remains unclear what role the White House will play in shaping the outcome — and as even Republicans are divided among themselves over key parts of a plan. As rumors swirled on Capitol Hill on Tuesday that the Trump administration is studying ways to pay for tax cuts that could include a carbon tax or a value-added tax, the Ways and Means Committee continues to plan to move a bill of its own this spring.
Meadows praised outreach to date from Ways and Means Chairman Kevin Brady (R-Texas) and the head of the panel’s tax subcommittee, Rep. Peter Roskam (R-Ill.). But Brady has been noncommittal about when a draft might be released.
Brady pledged to hold hearings, including one that will focus on the most controversial element of the House GOP blueprint: the provision known as border adjustability that would tax imports but not exports.
He’s also reaching across the aisle, scheduling meetings this week with the moderate New Democrats and Ways and Means Democrats to solicit their ideas — though bipartisan cooperation remains a long shot.
“Because we don’t have a very short month, month-and-a-half timetable as we did in health care, I think that helps us on tax reform,” Brady told Politico.
“Compressed timetables are more difficult,” he said. “You don’t have the opportunity to do a hearing, to invite input, to have plenty of time to go back home and listen to constituents.”
Meadows said he wants to see draft legislation more than anything else as part of a “member-driven, inclusive, text-driven debate,” and he wants to get it from a colleague on Capitol Hill, not from anywhere else.
Members of the Freedom Caucus aren’t the only rank-and-file Republicans who want to avoid the Obamacare model this time around.
One of the signal moments of the Obamacare fiasco was Sen. Rand Paul’s slapstick search for a copy of the House health care bill, which was drafted in secret. It was made available privately to House members, but the episode exposed a big shortcoming in the House process.
Rushing headlong into health care over a matter of a few weeks played a part in bringing down the bill before it ever was brought to the floor for a vote, members of the Freedom Caucus and some lawmakers on the Ways and Means panel said. They didn’t trust what was in it, particularly as changes were made to appease one group or another, leaving others to wonder whether they could digest the final product.
They couldn’t.
There shouldn’t be any surprises on taxes, said several Republicans on Ways and Means. Rep. Tom Reed (R-N.Y.) said the time is ripe to release more details on the tax plan, which the committee so far has largely developed behind closed doors with House GOP leaders.
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On April 05 2017 21:13 farvacola wrote:Show nested quote +On April 05 2017 20:43 biology]major wrote:On April 05 2017 12:51 Buckyman wrote: The danger of a living document approach is that it erodes the rule of law principle.
The rule of law principle is that it should be possible to tell, before taking an action, whether that action is legal and what penalties one might face if it isn't, if one is sufficiently familiar with the law and the precedent.
This isn't perfectly attainable in practice because some laws are ambiguous and haven't been clarified.
However, it's a different matter if a law might mean something five years from now that it doesn't today, and your actions today will be judged by what it means in the future rather than what it means now. This is inherently unfair.
Conversely, the closer the interpretations are to the plain meaning of the text, as understood at the time of the action if not at the time when it was written, the less people get screwed by reinterpretation. This is exactly right, both philosophies are flawed, but originalism actually restrains the judicial branch and is more predictable. If laws are outdated congress can change them. I don't see a fix for the living document approach, you just have to cross your fingers and hope that justices come to an impartial and fair decision. If all originalists are all also conservatives that have a personal interest in originalist views of the law, how exactly does originalism restrain those who practice it?
You may be right, the day we have liberal laws, conservatives might all of a sudden adopt a "living document" approach. I'd hope a scotus justice is not a hypocrite on the level of a typical politician or person for that matter.
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On April 05 2017 20:15 SoSexy wrote:Show nested quote +On April 05 2017 18:12 Biff The Understudy wrote:On April 05 2017 09:31 KwarK wrote: I'm sure they'll regret saying that as soon as Trump gets a map and someone to point out where Syria and Iraq are. You guys are unnecessarily sarcastic. Give the guy credit, he said that with him in office, ISIS would be destroyed in 30 days, and he.... OH NO!!! As far as wrong predictions are concerned, I'll never forget election day in this thread. Someone said that if Trump was elected, we would have a thermonuclear war in 4 months. Luckily, my bunker is almost ready. Did that person run for office in the most powerful country in the world and got elected making such predictions?
Oh no, it's talks on a political internet thread on a video game website.
Clearly the same stuff; I don't see why a candidate for POTUS should be held to higher standard than one of us nerds discussing here when it comes to predictions.
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On April 05 2017 05:19 Danglars wrote: Yes if you want to structure society such that sick people in hospitals present a unique moral case for extra-judicial conduct, your morality is bankrupt and you have idiotic views on how to run society. And, that makes you the "clueless moron or thoroughly vile."
Medical marijuana is not "a unique moral case for extra-judicial conduct". This has nothing to do with the fact that marijuana is still illegal under federal law, since Sessions is on record to be against legalizing it on the federal level. This has to do with the fact that Jeff Sessions is representing the imbeciles in his state who have lapped up every reefer madness video they've ever seen with a Quranic obedience and thinks that people who use that particular medicine are moral degenerates.
And you suspend your critical thinking skills to lap up some very thinly sourced oppo dumps like it was religious text.
Please, no bullshit here. You've called it a "thinly sourced oppo dump" because it paints somebody you like in a bad light. If the same article had been written about a Democrat you would be flinging monkeyshit about it, just like you do for every conspiracy theory about Hillary Clinton.
Let's be actually clear: You think he's a racist so only read him to find alleged racism and swallow it up.
You're only denying he's a racist because he has an R by his name. You've said nothing to defend that proposition except that everyone who thinks otherwise is a gullible moron.
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On April 05 2017 12:46 Plansix wrote:Show nested quote +On April 05 2017 12:35 Sermokala wrote:On April 05 2017 12:17 Plansix wrote:On April 05 2017 12:08 Nyxisto wrote: Apart from the point made in the article that people often use originalism as a kind of extra-weight to strengthen their argument for completely different reasons, I have serious problems understanding how it can be applied to many new emerging technologies or circumstances that didn't even exist at the time of writing and could not even be imagined.
It seems difficult to construct any meaningful originalist statement about free speech of public television, social media or even bots and companies. And that change isn't really slowing down. That is because originalist arguments are sort of bullshit. Liberal or "living document" based arguments cite historical precedent just as often as originalist. Originalism is a way to apply conservative view points to law and then claim it is all based on the will of the founders and seeing the law as it is written. Living document arguments are sort of bullshit too when they change all the time to suit whatever the current society wants them to be. I'm not blaming them for wanting the law to progress as society progress's but it does open the door constantly for negative progress as well as positive progress when the majority of your new decisions are simply reinterpretations that are convent for you. They are both bullshit arguments, but I prefer the living document argument. At least it doesn't try to tap into some unearned authority through the founding fathers.
IMO originalism is the only sensible approach because every other method mostly comes down to the Constitution meaning whatever the reader wants it to mean. The "living constitution" method is absolutely senseless for any other kind of legal documentation, so why should it be for this one?
I am in favor of a brand new Constitution to fix all of the problems that come with that, as opposed to the current status quo, where it's clay to be molded by the partisans of the POTUS and the Senate. The Founding Fathers envisioned the judicial branch to be the weakest of the three, but ironically it's now the strongest, and has a lifetime membership. This is not a healthy way to run a country.
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On April 05 2017 21:41 LightSpectra wrote:Show nested quote +On April 05 2017 05:19 Danglars wrote: Yes if you want to structure society such that sick people in hospitals present a unique moral case for extra-judicial conduct, your morality is bankrupt and you have idiotic views on how to run society. And, that makes you the "clueless moron or thoroughly vile." Medical marijuana is not "a unique moral case for extra-judicial conduct". This has nothing to do with the fact that marijuana is still illegal under federal law, since Sessions is on record to be against legalizing it on the federal level. This has to do with the fact that Jeff Sessions is representing the imbeciles in his state who have lapped up every reefer madness video they've ever seen with a Quranic obedience and thinks that people who use that particular medicine are moral degenerates. No it's illegal and you're opposed to throwing people in jail over breaking the law in select circumstances. The very definition of a unique moral case for extra-judicial conduct.
Show nested quote +And you suspend your critical thinking skills to lap up some very thinly sourced oppo dumps like it was religious text. Please, no bullshit here. You're called it a "thinly sourced oppo dump" because it paints somebody you like in a bad light. If the same article had been written about a Democrat you would be flinging monkeyshit about it, just like you do for every conspiracy theory about Hilary Clinton. Dig yourself deeper here, by all means. I stand by my criticism of the source articles and wonder why you linked them at all. It's quite fun to remind me again how thoroughly debased the racism charge is.
Show nested quote +Let's be actually clear: You think he's a racist so only read him to find alleged racism and swallow it up. You're only denying he's a racist because he has an R by his name. You've said nothing to defend that proposition except that everyone who thinks otherwise is a gullible moron. And here we have the divide. I don't see any sense in continuing this at all. I'd do just as well reading all thousand pages, or so it feels, of the Jonny/GH back-and-forth.
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On April 05 2017 21:41 LightSpectra wrote:Show nested quote +On April 05 2017 05:19 Danglars wrote: Yes if you want to structure society such that sick people in hospitals present a unique moral case for extra-judicial conduct, your morality is bankrupt and you have idiotic views on how to run society. And, that makes you the "clueless moron or thoroughly vile." Medical marijuana is not "a unique moral case for extra-judicial conduct". This has nothing to do with the fact that marijuana is still illegal under federal law, since Sessions is on record to be against legalizing it on the federal level. This has to do with the fact that Jeff Sessions is representing the imbeciles in his state who have lapped up every reefer madness video they've ever seen with a Quranic obedience and thinks that people who use that particular medicine are moral degenerates. Show nested quote +And you suspend your critical thinking skills to lap up some very thinly sourced oppo dumps like it was religious text. Please, no bullshit here. You've called it a "thinly sourced oppo dump" because it paints somebody you like in a bad light. If the same article had been written about a Democrat you would be flinging monkeyshit about it, just like you do for every conspiracy theory about Hillary Clinton. Show nested quote +Let's be actually clear: You think he's a racist so only read him to find alleged racism and swallow it up. You're only denying he's a racist because he has an R by his name. You've said nothing to defend that proposition except that everyone who thinks otherwise is a gullible moron. You've had the same level of evidence for showing that hes a racist now so I don't know where you get off trying to talk down to people who are saying hes not a racist because hes a republican. Making werid insults against people you dislike explicitly because of their politics and then insulting someone for having slanted views because of their politics is pretty hypocritical.
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On April 05 2017 21:51 Danglars wrote: No it's illegal and you're opposed to throwing people in jail over breaking the law in select circumstances. The very definition of a unique moral case for extra-judicial conduct.
Read my post again. This has nothing to do with the fact that marijuana is still illegal under federal law, since Sessions is on record to be against legalizing it on the federal level. This has to do with the fact that Jeff Sessions is representing the imbeciles in his state who have lapped up every reefer madness video they've ever seen with a Quranic obedience and thinks that people who use that particular medicine are moral degenerates.
Dig yourself deeper here, by all means. I stand by my criticism of the source articles and wonder why you linked them at all. It's quite fun to remind me again how thoroughly debased the racism charge is.
You've given no criticism of the article at all, you've merely said that it's an "oppo source dump". Which part of the article was wrong? Where's your source backing that claim up?
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On April 05 2017 21:47 LightSpectra wrote:Show nested quote +On April 05 2017 12:46 Plansix wrote:On April 05 2017 12:35 Sermokala wrote:On April 05 2017 12:17 Plansix wrote:On April 05 2017 12:08 Nyxisto wrote: Apart from the point made in the article that people often use originalism as a kind of extra-weight to strengthen their argument for completely different reasons, I have serious problems understanding how it can be applied to many new emerging technologies or circumstances that didn't even exist at the time of writing and could not even be imagined.
It seems difficult to construct any meaningful originalist statement about free speech of public television, social media or even bots and companies. And that change isn't really slowing down. That is because originalist arguments are sort of bullshit. Liberal or "living document" based arguments cite historical precedent just as often as originalist. Originalism is a way to apply conservative view points to law and then claim it is all based on the will of the founders and seeing the law as it is written. Living document arguments are sort of bullshit too when they change all the time to suit whatever the current society wants them to be. I'm not blaming them for wanting the law to progress as society progress's but it does open the door constantly for negative progress as well as positive progress when the majority of your new decisions are simply reinterpretations that are convent for you. They are both bullshit arguments, but I prefer the living document argument. At least it doesn't try to tap into some unearned authority through the founding fathers. IMO originalism is the only sensible approach because every other method mostly comes down to the Constitution meaning whatever the reader wants it to mean. The "living constitution" method is absolutely senseless for any other kind of legal documentation, so why should it be for this one? I am in favor of a brand new Constitution to fix all of the problems that come with that, as opposed to the current status quo, where it's clay to be molded by the partisans of the POTUS and the Senate. The Founding Fathers envisioned the judicial branch to be the weakest of the three, but ironically it's now the strongest, and has a lifetime membership. This is not a healthy way to run a country. The problem with concept of “plain reading” argument is that the reading is still done by humans. There is no magical portal that allows us to see the true intent of the person who wrote the law. Or how they would feel it should be applied to modern day inventions like the internet or a grenade launcher. The debate between dead and living document are arguments that have developed in opposition of each other, rather than on. The relationship is symbiotic and lines up with political viewpoints on the role government. Both are looking for the intent of the law itself.
And I dispute the argument that the founding fathers thought that the Supreme Court would be the weakest branch. The only reason the court seems so powerful now is because of the diminished role of congress in the last 30 years. The judicial and executive branch have stepped up to fill the void.
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On April 05 2017 21:56 LightSpectra wrote:Show nested quote +On April 05 2017 21:51 Danglars wrote: No it's illegal and you're opposed to throwing people in jail over breaking the law in select circumstances. The very definition of a unique moral case for extra-judicial conduct. Read my post again. This has nothing to do with the fact that marijuana is still illegal under federal law, since Sessions is on record to be against legalizing it on the federal level. This has to do with the fact that Jeff Sessions is representing the imbeciles in his state who have lapped up every reefer madness video they've ever seen with a Quranic obedience and thinks that people who use that particular medicine are moral degenerates. Show nested quote +Dig yourself deeper here, by all means. I stand by my criticism of the source articles and wonder why you linked them at all. It's quite fun to remind me again how thoroughly debased the racism charge is. You've given no criticism of the article at all, you've merely said that it's an "oppo source dump". Which part of the article was wrong? Where's your source backing that claim up? You're tripping over yourself now. You're trying to make a werid political argument that based on your opinon and reference even I don't get in response to someone making a legal argument and making a clear distinction about it.
then you for some reason think that an opposition source dump could somehow only be one if its got wrong information about it. The world itself means that its simply a series of information that would be used by the opposition and someone leaked it to the newspaper in order to use it. He doesn't need another article to refute the things in it you need something to prove that its relevant to today or has something not from the reagan years in it. Does it have any information at all in it if hes racist today? the answer is clearly no.
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On April 05 2017 21:56 LightSpectra wrote:Show nested quote +On April 05 2017 21:51 Danglars wrote: No it's illegal and you're opposed to throwing people in jail over breaking the law in select circumstances. The very definition of a unique moral case for extra-judicial conduct. Read my post again. This has nothing to do with the fact that marijuana is still illegal under federal law, since Sessions is on record to be against legalizing it on the federal level. This has to do with the fact that Jeff Sessions is representing the imbeciles in his state who have lapped up every reefer madness video they've ever seen with a Quranic obedience and thinks that people who use that particular medicine are moral degenerates. You amaze me. We're absolutely done here. Quranic obedience, moral degenerates, imbeciles. I'd be warned and banned for firing back in like manner.
Show nested quote +Dig yourself deeper here, by all means. I stand by my criticism of the source articles and wonder why you linked them at all. It's quite fun to remind me again how thoroughly debased the racism charge is. You've given no criticism of the article at all, you've merely said that it's an "oppo source dump". Which part of the article was wrong? Where's your source backing that claim up? Covered as much as I wished in the original response, not now in quote chain. If you still consider it no criticism at all, then you disagree with my criticism and I'll spend no more time on such a silly article. It serves no purpose continuing. For posterity:
On April 05 2017 00:53 LightSpectra wrote:Show nested quote +On April 05 2017 00:16 GreenHorizons wrote:On April 05 2017 00:00 KwarK wrote:On April 04 2017 23:50 Danglars wrote:On April 04 2017 23:11 LightSpectra wrote:On April 04 2017 23:02 Danglars wrote:On April 04 2017 22:34 LightSpectra wrote:On April 04 2017 22:31 Danglars wrote: Opponents call him racist, like always, and he's already used to that kind of slander so things are good. In other words, racism's okay so long as you tough it out for a really long time and hope that eventually another racist promotes you for it. Sessions thinks it's okay for the government to sell your house because your second cousin in another state is a drug dealer. He also thinks cancer patients using medical marijuana should go to prison. Is this really the hill you want to die on Danglars? Racism's been an empty threat for years and I'm surprised people like you still cling to it. Racists don't stop being racist because other racists have decided to vote for them. But yeah, you happen to be right that it's an "empty threat" insofar that it doesn't really convince Republicans to not vote for them. That being said, it's really not a badge of honor like you make it out to be. If you want to bring up other topics of criticism for justice department policies, I suggest you start in with something other than second cousins and prison for cancer victims and his remarks on the matter. So calm down the unwarranted trolling if you're actually into more depth than top 10 things to hate about Sessions. I say this without exaggeration: Jeff Sessions is the most evil and dangerous person affiliated with Trump, and that's really saying something. There are no informed people who think Sessions deciding to "review" police departments is going to result in anything but more unarmed people being shot in the back without repercussion. If that's the stakes of your engagement I'll give mine. Jeff Sessions is one of th brightest lights in the Trump administration, and a decent and honest man. I could think of few better to undo the despicable leadership of Holder and Lynch who politicized the department beyond belief. There are few criticisms I've seen leveled at the man that haven't subsisted on lies, twisted half-truths, and the most bitter hyperpartisanship as has persisted in the post-Clinton years. You've welcomed identity politics and benefited from false accusations of racism, so I say you deserve another dozen Trump administrations that push white & working class identity politics and cause chaos in the executive branch. Out of curiousity do you think that cannabis is as bad as Sessions says it is or do you recognize it as the continuation of Nixon's Southern Strategy war on drugs associated with minorities? Sessions tends to only not appear racist to people who have racist tendencies themselves I've noticed. Cops are out here regularly violating PoC's constitutional rights, and sessions wants to "review" the slightest thing the government was able to accomplish to stop them. No one thinks he's going to be tougher on police who habitually violate black people's rights, but no, nothing racist about ignoring the habitual violation of black people's constitutional rights. People like Danglars think we live in a post-racial age where there is no discrimination by police officers or employers or any other people, just left-wing politicians that use race to inflame tensions to win votes. These people really can't be rationed with. The best you can do is demonstrate just how out of touch they are and let everyone else realize that racism is truly alive and well. Maybe take your own advice?
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On April 05 2017 22:01 Plansix wrote:Show nested quote +On April 05 2017 21:47 LightSpectra wrote:On April 05 2017 12:46 Plansix wrote:On April 05 2017 12:35 Sermokala wrote:On April 05 2017 12:17 Plansix wrote:On April 05 2017 12:08 Nyxisto wrote: Apart from the point made in the article that people often use originalism as a kind of extra-weight to strengthen their argument for completely different reasons, I have serious problems understanding how it can be applied to many new emerging technologies or circumstances that didn't even exist at the time of writing and could not even be imagined.
It seems difficult to construct any meaningful originalist statement about free speech of public television, social media or even bots and companies. And that change isn't really slowing down. That is because originalist arguments are sort of bullshit. Liberal or "living document" based arguments cite historical precedent just as often as originalist. Originalism is a way to apply conservative view points to law and then claim it is all based on the will of the founders and seeing the law as it is written. Living document arguments are sort of bullshit too when they change all the time to suit whatever the current society wants them to be. I'm not blaming them for wanting the law to progress as society progress's but it does open the door constantly for negative progress as well as positive progress when the majority of your new decisions are simply reinterpretations that are convent for you. They are both bullshit arguments, but I prefer the living document argument. At least it doesn't try to tap into some unearned authority through the founding fathers. IMO originalism is the only sensible approach because every other method mostly comes down to the Constitution meaning whatever the reader wants it to mean. The "living constitution" method is absolutely senseless for any other kind of legal documentation, so why should it be for this one? I am in favor of a brand new Constitution to fix all of the problems that come with that, as opposed to the current status quo, where it's clay to be molded by the partisans of the POTUS and the Senate. The Founding Fathers envisioned the judicial branch to be the weakest of the three, but ironically it's now the strongest, and has a lifetime membership. This is not a healthy way to run a country. The problem with concept of “plain reading” argument is that the reading is still done by humans. There is no magical portal that allows us to see the true intent of the person who wrote the law. Or how they would feel it should be applied to modern day inventions like the internet or a grenade launcher. The debate between dead and living document are arguments that have developed in opposition of each other, rather than on. The relationship is symbiotic and lines up with political viewpoints on the role government. Both are looking for the intent of the law itself. And I dispute the argument that the founding fathers thought that the Supreme Court would be the weakest branch. The only reason the court seems so powerful now is because of the diminished role of congress in the last 30 years. The judicial and executive branch have stepped up to fill the void.
It's true that it's not always possible to get a clear glimpse of what the intended meaning was, but let me use an obvious example here. The Constitution mentions "Indians" on several occasions. Every reasonable person takes an originalist approach to interpreting this, i.e. it's referring to the Native Americans, there is absolutely no dispute as to what people this was referring to at the time of drafting and ratification. A textualist (if taken to its logical extreme) could say "but the word 'Indian' means a person from India according to modern dictionaries, so now the Constitution is referring to them." A living constitutionalist (if taken to its logical extreme) could say "at the time of the Founding Fathers it meant the Native Americans, but nowadays I find that there is some oppressed minority group that could benefit from being grouped into what the Constitution calls 'Indians', hence I will now say that the document has evolved to include them."
So originalism is necessary to some degree, the question is how far does it go. As you say, things like grenade launchers did not exist in the 1780s, so it is not really reasonable for the SCOUTS to rule about them. Hence why a new Constitution is necessary IMO. The Founding Fathers never envisioned it to last three centuries afterall.
And yes, I very much think that the judicial branch was never intended to be as strong as it is. Even the very concept of judicial review is taken for granted; it's not explicitly written into the Constitution, and there were heavy protests from antifederalists after Marbury v. Madison.
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On April 05 2017 22:13 Danglars wrote: You amaze me. We're absolutely done here. Quranic obedience, moral degenerates, imbeciles. I'd be warned and banned for firing back in like manner.
We're talking about politicians that actively work to deny medicine to people suffering from excruciatingly painful diseases in order to financially benefit big pharmaceutical companies and private prisons. Taken in proportion to what the politicians are doing, I am being quite merciful to them.
Covered as much as I wished in the original response, not now in quote chain.
The only thing you said about it was "And you suspend your critical thinking skills to lap up some very thinly sourced oppo dumps like it was religious text", followed by some vague generalized comments about how all politicians have enemies. Which part of the Guardian's article was incorrect, and what is your source to back that up?
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