04-22-2011, 09:36 AM | #321 (permalink) |
Junkie
Location: bedford, tx
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whats pfc manning going through right now?
__________________
"no amount of force can control a free man, a man whose mind is free. No, not the rack, not fission bombs, not anything. You cannot conquer a free man; the most you can do is kill him." |
04-22-2011, 09:52 AM | #322 (permalink) | |
warrior bodhisattva
Super Moderator
Location: East-central Canada
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Is it something legal? Is it just?
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Or are you saying rights are inalienable and absolute unless they're suspended? Or are you saying rights re inalienable and absolute even when they're suspended?
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Knowing that death is certain and that the time of death is uncertain, what's the most important thing? —Bhikkhuni Pema Chödrön Humankind cannot bear very much reality. —From "Burnt Norton," Four Quartets (1936), T. S. Eliot Last edited by Baraka_Guru; 04-22-2011 at 09:57 AM.. |
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04-22-2011, 09:57 AM | #323 (permalink) |
Super Moderator
Location: essex ma
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what the founders did was frame a legal process and put it into motion.
what strict construction people want is to freeze the process part and turn the common law tradition into a version of the civil law tradition. i've mentioned this before...what the strict constructionists are after is a revolution in the common law tradition itself that they are dishonest about, that they hide beneath some absurd return to sources. which they aren't real smart about interpreting. somehow this reminds me of a famous line from stephen dedalus: history is a nightmare from which i am trying to awaken.
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a gramophone its corrugated trumpet silver handle spinning dog. such faithfulness it hear it make you sick. -kamau brathwaite |
04-22-2011, 10:18 AM | #324 (permalink) |
warrior bodhisattva
Super Moderator
Location: East-central Canada
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One of the aspects I seem to remember most about the writings of Thomas Paine is his criticism of heredity in government. This was a prime criticism of monarchies or aristocracies. It is irrational to pass on power on the mere basis of family.
The obsession over the intent of the founders is a kind of political aristocracy. It assumes that they are best interpreters of the Constitution, and that there are no heirs.
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Knowing that death is certain and that the time of death is uncertain, what's the most important thing? —Bhikkhuni Pema Chödrön Humankind cannot bear very much reality. —From "Burnt Norton," Four Quartets (1936), T. S. Eliot |
04-22-2011, 10:51 AM | #325 (permalink) |
Junkie
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Well, they did write the bloody thing. Who's more qualified to interpret a work: the author, or some ivory-tower prat trying to pigonhole that work 200+ years later?
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"I personally think that America's interests would be well served if after or at the time these clowns begin their revolting little hate crime the local police come in and cart them off on some trumped up charges or other. It is necessary in my opinion that America makes an example of them to the world." --Strange Famous, advocating the use of falsified charges in order to shut people up. |
04-22-2011, 11:15 AM | #328 (permalink) | ||
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This isn't a question of the development of medical science, it's about rejecting reality at the expense of a child's safety. You're welcome to believe whatever you want as a part of your religious freedom, but endangering the life of someone you're responsible for crosses the line. Quote:
The treatment for blood infection, pneumonia, and a cyst on the neck is not prayer and oils, as you well know. It's antibiotics and surgery. We know these treatments work. It's not blood-letting, but rather tested and confirmed science. Would you allow your own child to die because all you could muster to save his or her life was a prayer? Are you that kind of person? |
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04-22-2011, 11:17 AM | #329 (permalink) |
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Not that it's relevant or any of your business, but yes. Only one was a non-academic publication, though- an article for Escape Artist magazine. I've also defended or presented numerous papers at the undergraduate level, the best of which was "Pyotr Illich Tchaikovski And The Silver Age Of Russia," which I presented at the Phi Alpha Theta 2005 Symposium at my alma mater. My short fiction isn't yet up to a standard that I would regard as publication-worthy, however, and remains a hobby.
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"I personally think that America's interests would be well served if after or at the time these clowns begin their revolting little hate crime the local police come in and cart them off on some trumped up charges or other. It is necessary in my opinion that America makes an example of them to the world." --Strange Famous, advocating the use of falsified charges in order to shut people up. |
04-22-2011, 11:23 AM | #330 (permalink) |
Junkie
Location: bedford, tx
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would you allow your child or spouse to die because you couldn't muster the money to save them?
__________________
"no amount of force can control a free man, a man whose mind is free. No, not the rack, not fission bombs, not anything. You cannot conquer a free man; the most you can do is kill him." |
04-22-2011, 11:30 AM | #331 (permalink) |
Junkie
Location: In the land of ice and snow.
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Except that they're no longer around to interpret their work directly, so in order to use their interpretations we have to rely on interpretations of their interpretations. Which just means that their writings get interpreted according to the ideological bent of the person doing the interpretation. Pigeonholing is pigeonholing, regardless of whether its being done by some ivory-tower prat or some overweight dude in camo with a hunting rifle in one hand and a can of bud light in the other (as long as we're using stereotypes).
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04-22-2011, 11:34 AM | #332 (permalink) |
... a sort of licensed troubleshooter.
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What does that have to do with the question it absolute vs. limited rights? I'm talking about a necessary limitation on the freedom of religion. If we had an absolute freedom of religion, parents could treat their children with candles, prayers and oils. I don't want to live in a country where children are forced to suffer and die because of their parent's religious beliefs. Do you?
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04-22-2011, 11:35 AM | #333 (permalink) | |
warrior bodhisattva
Super Moderator
Location: East-central Canada
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Please tell me I don't need to remind you that the foundational idea behind a constitutional republic is that the people retain supreme power over the government via a constitution. The American government is beholden to the Constitution, not its authors. The founders aren't a kind of American pantheon. What next, obsessing over what Matthew, Mark, Luke, and John intended?
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Knowing that death is certain and that the time of death is uncertain, what's the most important thing? —Bhikkhuni Pema Chödrön Humankind cannot bear very much reality. —From "Burnt Norton," Four Quartets (1936), T. S. Eliot Last edited by Baraka_Guru; 04-22-2011 at 11:38 AM.. |
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04-22-2011, 11:37 AM | #334 (permalink) |
Junkie
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How about instead of interpreting their words, we just...I dunno...read the things? Take them at their words instead of trying to interpret all sorts of convenient, allegedly hidden meanings into them?
And BTW, ivory-tower prats and overweight bubbas both come in both left- and right-wing flavours. Only one of these two types, however, gets to influence public policy; the other is simply influenced -by- it.
__________________
"I personally think that America's interests would be well served if after or at the time these clowns begin their revolting little hate crime the local police come in and cart them off on some trumped up charges or other. It is necessary in my opinion that America makes an example of them to the world." --Strange Famous, advocating the use of falsified charges in order to shut people up. |
04-22-2011, 11:44 AM | #335 (permalink) | |
warrior bodhisattva
Super Moderator
Location: East-central Canada
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Constitutional law exists as a means to refer to the Constitution in matters of the nation. This practice is done among the people; you know, the living kind. Law making, enacting, and enforcing is meant to be done under the authority of the Constitution. It is up to the people to determine whether this is being done accordingly. It's not up to ghosts. ---------- Post added at 03:44 PM ---------- Previous post was at 03:41 PM ---------- The problem with interpretations of the Constitution is that it's not always that well written. I've talked about this with some of the Amendments. I haven't read the whole Constitution, but it's my understanding that a number of problems arise with some of the diction and sentence structures. I suppose this is why it's so compelling to want to keep returning to the founders' intentions.
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Knowing that death is certain and that the time of death is uncertain, what's the most important thing? —Bhikkhuni Pema Chödrön Humankind cannot bear very much reality. —From "Burnt Norton," Four Quartets (1936), T. S. Eliot |
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04-22-2011, 11:47 AM | #336 (permalink) |
Junkie
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Correct. However, when making those determinations, the words of the authors of the Constitution, taken at face value, should be given the greatest possible weight. Not fads, the laws of other nations, religious opinion or social-engineering schema.
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"I personally think that America's interests would be well served if after or at the time these clowns begin their revolting little hate crime the local police come in and cart them off on some trumped up charges or other. It is necessary in my opinion that America makes an example of them to the world." --Strange Famous, advocating the use of falsified charges in order to shut people up. |
04-22-2011, 12:04 PM | #337 (permalink) | ||
Junkie
Location: In the land of ice and snow.
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Even if their writings were pure mathematics, with only one possible interpretation, that wouldn't necessarily make them relevant. Quote:
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04-22-2011, 12:09 PM | #338 (permalink) |
Super Moderator
Location: essex ma
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dunedan---i asked not because i wanted to be intrusive (though i have no problem with that on occasion) but because, in my experience anyway, it's pretty routine that people have quite different interpretations than i do of what i write and often those interpretations are more interesting than what i thought i was doing when i arranged the words in a particular order. granted i'm working in a form that allow me to try to maximize that play, but still...
the point is that it's not at all clear that the people who wrote words are best at interpreting their meaning, nor is it obvious that intent in the use of a word exhausts meaning---and this last point regardless of genre. so it is not at all obvious that the intent of the framers is definitive in establishing the meaning of what the framers wrote. nor is it obvious. in terms of historical methodology, it's pretty basic that statements about intent constitute only **one** device to shape interpretations of statements. this is particularly the case for law within the american common law tradition, which was set up to be adaptable to changing circumstances. but the point is more general--it's at best naive---at worst an exercise in dilletante wanking---so argue that intent exhausts meaning in almost ANY textual format. think about the problems that arise here on the board because statement after statement that's intended as ironic or sarcastic is read straight or the opposite.
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a gramophone its corrugated trumpet silver handle spinning dog. such faithfulness it hear it make you sick. -kamau brathwaite |
04-22-2011, 01:22 PM | #339 (permalink) | |||||
Junkie
Location: bedford, tx
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__________________
"no amount of force can control a free man, a man whose mind is free. No, not the rack, not fission bombs, not anything. You cannot conquer a free man; the most you can do is kill him." |
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04-22-2011, 04:05 PM | #340 (permalink) |
Super Moderator
Location: essex ma
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i suspected that at the core of strict construction was some version of luther's notion of reading through grace that by-passes interpretation.
it's a very protestant way of thinking. seriously. catholics dont think this way about scripture, which is the paradigm that's at play here. but there's a way in which i like communing with the framers. i like the idea of a thomas jefferson finger puppet: you can stuff your index finger up its ass and then say: what do you think of THAT one, thomas? and the thomas jefferson finger puppet will say: what are you asking me for? the words are plain. it'd be fun theater. but as an approach to law, it's insanity.
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a gramophone its corrugated trumpet silver handle spinning dog. such faithfulness it hear it make you sick. -kamau brathwaite Last edited by roachboy; 04-22-2011 at 04:08 PM.. |
04-22-2011, 04:12 PM | #341 (permalink) |
Junkie
Location: In the land of ice and snow.
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The act of interpreting isn't a choice. It is a necessary step in converting the image of the words into ideas in your head. You are interpreting this sentence as you read it, combining the words I've written with the things you already know. The resulting mixture of ideas resulting from your reading of what I'm writing are likely different from the mixture of ideas someone else might get from reading the exact same thing.
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04-22-2011, 07:29 PM | #342 (permalink) | ||
Junkie
Location: bedford, tx
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__________________
"no amount of force can control a free man, a man whose mind is free. No, not the rack, not fission bombs, not anything. You cannot conquer a free man; the most you can do is kill him." |
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04-22-2011, 08:13 PM | #343 (permalink) |
... a sort of licensed troubleshooter.
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It's the other way around. Laws have been passed and are being enforced preventing religious fundamentalist parents from endangering their kids. The country we both live in limits constitutional freedoms. That's the United States of America. You're welcome to go and found the Absolutist States of America should you choose.
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04-22-2011, 08:21 PM | #344 (permalink) | |
Junkie
Location: In the land of ice and snow.
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04-22-2011, 08:26 PM | #345 (permalink) | ||||
warrior bodhisattva
Super Moderator
Location: East-central Canada
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__________________
Knowing that death is certain and that the time of death is uncertain, what's the most important thing? —Bhikkhuni Pema Chödrön Humankind cannot bear very much reality. —From "Burnt Norton," Four Quartets (1936), T. S. Eliot Last edited by Baraka_Guru; 04-22-2011 at 08:31 PM.. |
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04-22-2011, 08:46 PM | #346 (permalink) | |||
Junkie
Location: bedford, tx
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you say that the constitution MUST be interpreted because the plain text of words has lost their meaning. this would indicate that there is nothing of any other kind of written text by the framers to explain what they meant by their words in the constitution. so, that in mind, how is the word 'stop' accepted to be just what it says, stop? it's because you were taught what the word meant, and that it would mean that for your entire lifetime. well that's what happened with the constitution. before it was ratified, commentators went to all 13 colonies and told the people exactly what it all meant, before they voted on it. there were no hidden surprises. so, does the constitution mean what it meant when it was written, or do you want to change it to suit your own ideals? ---------- Post added at 11:46 PM ---------- Previous post was at 11:45 PM ---------- Quote:
__________________
"no amount of force can control a free man, a man whose mind is free. No, not the rack, not fission bombs, not anything. You cannot conquer a free man; the most you can do is kill him." |
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04-22-2011, 09:04 PM | #347 (permalink) | |
warrior bodhisattva
Super Moderator
Location: East-central Canada
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__________________
Knowing that death is certain and that the time of death is uncertain, what's the most important thing? —Bhikkhuni Pema Chödrön Humankind cannot bear very much reality. —From "Burnt Norton," Four Quartets (1936), T. S. Eliot |
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04-22-2011, 09:21 PM | #348 (permalink) | ||||||||
Crazy
Location: Yonder
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Like the way the commerce clause has been stretched and twisted? |
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04-22-2011, 10:10 PM | #349 (permalink) | |
Junkie
Location: In the land of ice and snow.
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I think when you read "interpretation" you interpret its meaning as "motherfuckers are diluting the holy written word of the founders". Which is pretty funny when interpreted in the context of your argument- which is apparently that interpretation is wrong. Do you understand that you've interpreted the meaning of the plain text word "interpret" to mean something completely different than (but not unrelated to) its actual usage in the context of this discussion? If you're having trouble interpreting plain text written in the language of your time, how on earth can you think that it's easy as pie to "correctly" interpret a document that was written in the legalese of the 18th century? |
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04-22-2011, 10:31 PM | #350 (permalink) | ||||
... a sort of licensed troubleshooter.
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It turns out vaccines aren't dangerous and don't cause autism, but they do protect us with something called 'herd immunity'. If enough people in a population are vaccinated against a disease, the community collectively has a herd immunity to that disease, meaning that too many people are immune fro the disease to successfully spread through a population. Do you know what the cost of Jenny McCarthy's unabashed hubris and ignorance was? There was a measles outbreak in 2008. Measles, which is all but wiped out in the United States, saw a sudden spike in cases corresponding directly the the behaviors of Jenny McCarthy's anti-vaccination movement. She and her army of morons set us back set us back decades because they were too stupid to realize that they don't in fact know more about medicine than experts. You can read more about this here If my son or daughter were in serious medical danger, I'd have the humility to trust people who know far more than I do about medicine. |
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04-23-2011, 06:36 AM | #351 (permalink) | |
Super Moderator
Location: essex ma
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methodologically there's no transparency at all with a strict construction viewpoint. because the interpretations are arbitrary--and necessarily so--because they're predicated on some fiction of "original intent". to get that fiction to operate, strict constructionists violate some very basic rules of the game they claim to want to preserve--they elevate the federalist papers etc to the status of the constitution itself. and they erase the space for precedent as an interpretive guide. original intent means what conservative activist judges say it means. this in the name of preventing judicial activism, which is basically conservo-code for "decisions we don't like." even if ultra-rightwing militia types dont like the current precedent-based legal system that the constitution they claim to defend put into motion, the fact remains that you can read law and read court decisions and find in them interpretive arguments concerning previous statute and constitutionality. and you--or a proxy--can appeal those interpretations. the mobility of case law presupposes interpretations. if you seriously believe in this fiction of "original intent" all that disappears. what's funny is that an immediate consequence of strict construction becoming the legal philosophy of the land would be a constitutional crisis because the constitution is not written as the sort of document that the strict constructionists want it to be. look at the difference in the way the german constitution is written---civil law is made with an assumption that law can be fashioned to more or less eliminate the space for interpretation on the part of judges. it's a **fundamentally** different approach. that's why these far right legal "experts" and pseudo-historians are funny---so long as they stay on the margins, far from power.
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a gramophone its corrugated trumpet silver handle spinning dog. such faithfulness it hear it make you sick. -kamau brathwaite Last edited by roachboy; 04-23-2011 at 06:50 AM.. |
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04-23-2011, 07:27 AM | #352 (permalink) | |||
Junkie
Location: bedford, tx
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__________________
"no amount of force can control a free man, a man whose mind is free. No, not the rack, not fission bombs, not anything. You cannot conquer a free man; the most you can do is kill him." |
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04-23-2011, 09:27 PM | #353 (permalink) | ||||||||
Crazy
Location: Yonder
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MedWatch Safety Alerts for Human Medical Products A huge number of people are regularly affected by bad medicine. Whether it's instinct, religion, or a wild assed guess, it's a parent's right to veto. Quote:
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is that doctors have been wrong, and will continue to be wrong. There are individual cutting off the wrong leg screwups, and widespread going along with the crowd whoopsie daisy's. Medical convention shifts, twists and completely changes direction from time to time. More importantly, a doctor is a service provider, the patient is the customer. And which judge is qualified enough to decide which treatment is best for the human body? The legal system is based on law, it knows little of medicine. Quote:
A minimalist government similar to the one we had in our nation's childhood wouldn't require record-setting national debt to sustain. Quote:
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I wouldn't go that far. Quote:
It's not well publicized, but the state's rights movement is gaining certain momentum. Several have passed or almost passed laws that fly in the face of the current federal government norms. Several have drawn clear lines in the sand that haven't been crossed yet, Montana even threatened to secede. The health insurance lawsuits are worth following as well. State governments baiting the federal government into another civil war have me much more concerned than the spectrum of loonies who're pissed about their personal hot topics. |
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04-23-2011, 10:54 PM | #354 (permalink) |
Crazy, indeed
Location: the ether
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It seems to me that interpretation is needed in any text. The idea that anything comes with a ready made interpretation is a bit strange. I hadn't thought about it in these terms, but Roachboy makes a good point in that the strict constructionist view is a bit like evangelical views of the bible as revealed word. As with the bible, the contradictions alone would make it necessary to impose some sort of interpretation on the constitution.
But that is an old argument that need not be rehashed. The more interesting question with regards to what the founders "meant" is "so what?" Unless they were somehow some form of holy men delivering universal truths from some sort of omniscient god, it seems to me that there is no reason why their word should be treated as sacred. |
04-25-2011, 07:00 AM | #356 (permalink) |
Junkie
Location: bedford, tx
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so you advocate disregarding the laws that founded a free nation in hopes of supplanting it with something else?
__________________
"no amount of force can control a free man, a man whose mind is free. No, not the rack, not fission bombs, not anything. You cannot conquer a free man; the most you can do is kill him." |
04-25-2011, 12:43 PM | #359 (permalink) | |
Asshole
Administrator
Location: Chicago
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Other than that, all I see is a massive failure to understand the Constitution. Especially the part where Congressmen and Senators get to practice free speech too.
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"They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - B. Franklin "There ought to be limits to freedom." - George W. Bush "We have met the enemy and he is us." - Pogo |
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04-25-2011, 01:07 PM | #360 (permalink) |
Junkie
Location: bedford, tx
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apparently, first amendment rights don't apply to people burning qurans in michigan.
__________________
"no amount of force can control a free man, a man whose mind is free. No, not the rack, not fission bombs, not anything. You cannot conquer a free man; the most you can do is kill him." |
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american, armed, conservatives, liberalism, plotting, revolution |
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