01-25-2006, 09:26 PM
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Commentator
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Join Date: Aug 2004
Location: NY
Age: 23
Posts: 1,661
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When it really comes down to it... would you rather see someone in the SC who follows the rules and does what he or she feels is best and within the rules set by precedent
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I recall that you are pro-life (tell me if I am wrong) so don't go flipping out on me, but if that is true you should consider Roe to be the worst law in history, and if thats true why would you want to conserve such a decision?
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... or someone who will vote down abortion regardless of precedent or rules?
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If you follow what the Constitution says you will have to throw out Roe regardless of precedent. There is no right to privacy in the Constitution period, it was never discussed during the founding of the Republic neither was it later Amended to the Constitution. Therefor it isn't a Constitutional issue, which means the Court has no reason to be involved in it. It is a issue, that is to be delt with the democratic way, which means that if you are pro-life or pro-abortion you support and campaign for individuals that support either side and they then make the laws according to the will of the people. This isn't a judicial issue.
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The latter candidate would probably be wreckless in other areas as well.
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I doubt it precedent alone is no reason to hold up bad law. Slavery was held up for years because of precedent, as was many other laws. Judges job's are to simply read the words of the law and apply them to the cases presented to them. With that stated I can understand, that at times precedent is a good guiding post to travel down like any piece of historical and traditional information inherited. But we must not conserve something simply because it is old, neither should we conserve something simply because it is set in precedent. If it goes directly against the words of the Constitution, the ideals of the Revolution, and the basic principles stated with the Declaration of Independence (although not a Government paper it is a good historical document where many ideals of our heritage come from) then should we really be conserving that idea/law? In my opinion to conserve and protect that, would be the biggest danger and mistake that we could pass down to the next generation. [/quote]
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"If you love wealth more than liberty, the tranquility of servitude better than the animating contest of freedom, depart from us in peace. We ask not your counsel nor your arms. Crouch down and lick the hand that feeds you. May your chains rest lightly upon you and may posterity forget that you were our countrymen.”—Samuel Adams
Where have all the Conservatives Gone?
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