FirmhandKY
Posts: 8948
Joined: 9/21/2004 Status: offline
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ORIGINAL: vincentML quote:
An "interpretation" simply means that "the rule of law" has no basis in solidity. Form without substance. Hey, Firm . . . To me the “rule of law” is a philosophical understanding about law apart from laws themselves. It has more to do with the purpose of the law (generic and as a body) and how it is processed. I would not wish to be without a body of law and an honest appellate process. Anarchists never fail to puzzle me. I would not wish to live in a socialist nation but, as I have stated elsewhere, the Classical Liberal foundation of our Constitution is troubling. Well, Classical Liberalism is troubling. The central point of CL is individual liberty. But, our national history has been a bloody dog fight in the streets and courts to seek relief from the power structure and to gain Liberty. The father of CL, John Locke, profited from the slave trade and helped write a Constitution for the colonial Carolinas, which favored land owners and slave holders. The more slaves you brought the more Carolina land was ceded to you. Madison and Jefferson and that lot were slavers. Saying that classical liberalism is the basis of our constitutional system of law and that it promotes individual liberty seems more than a tad unreal to me. I have read that in his writings, which I have not read, Thomas Hobbes said something to the effect that the rule of law holds only if you have a strong authority to assert the law. The judicial philosopher, Carl Schmitt wrote that the rule of law requires someone who will finally say 'this is it.' “Subjects of the law may admittedly have to accept that a final decision might turn out to be binding even though wrong. And in this limited sense, Schmitt is right to appeal to Hobbes's dictum that it is authority and not truth that makes the law.” Schmitt was a German jurist who justified Hitler and Social Nationalism. That is why I disagree with your insistence that the Nazis did not have a rule of law. They had one, just not one you or I approve of. quote:
I disagree. Rather strongly, actually, and see the problem as the left forgoing the process. When the law interferes with their political objectives, they either ignore the law or re-interpret the law. I see this as not an occasional thing - a normal occasional defect in the process - but an ideologically driven imperative, . . . Funny you should ascribe that behavior to the Left only. It is not the reality I have witnessed. Look at Nixon: “When the president does it, it is not against the law.” ~ words to that effect are just one example that comes to mind. Interpretation is Everything in our system; it’s flaw is that it cannot be impartial. Take the issue of torture, for example. In the 1930’s the Supreme Court ruled on a case out of Mississippi that a confession cannot stand if it was obtained by repeatedly hanging a man from a tree and whipping him. In 2008 the Supremes decided that foreign prisoners in Guantanamo were entitled to all of the constitutional protections afforded American prisoners. In 2012 the Court declined the petition of four tortured British detainees to sue after they had been released from Guantanamo. Justice Scalia opined outside the Court that there was nothing in the Constitution to prohibit torture because the Eighth Amendment prohibition of cruel and unusual punishment applied only to punishment. Torture is allowed as long as it is not punishment, ignoring the right of any to forego self-incrimination (the Fifth.) Thereafter, the court rejected an appeal by an American citizen, Jose Padilla, who was disappeared into a navy shipboard brig and tortured unmercifully and brutally for two years. By rejecting Padilla's appeal the Court has deferred to the President. In a time of emergency declared by him with little push back from the Legislature the Court ceded to the President the right to target and torture even American citizens. Not something the Left championed. The Court gave an exception to the Presidency. The philosophies of Hobbes and Schmitt (the Nazi apologist) are in play in America in the 21st Century. Citations are available if you wish them. vincent, Very well written. I disagree, but well written. I see a basic problem with you logic however. The basic assumption seems to be that there is something better than Classical Liberalism. I don't see what that is, even if I can acknowledge that it's not perfect in execution. But it is the only system of beliefs that have lead to the greatest good, for the greatest number. What system will you replace it with? quote:
ORIGINAL: vincentML quote:
The destruction of the rule of law in the US by the left is through myriad ways: regulatory edict, Presidential edict, interpreting the clear meaning of our founding documents as something else, making things up out of whole-cloth, ignoring inconvenient laws, failure to enforce laws that exist, using treasonous leaks that impact national security in order to achieve political objectives, etc. . . . Ironic that you write that on a day when there seems to have been a massive vomiting of CIA documents by wikileaks and the accusations of collusion by the Trump campaign with the Russians. . . . sheesh! I don’t offer any solutions, but I do wish to point out the unclothed emperor and contest your accusations against the Left alone. History does not support your contention. Well, see ... this is what bugs me about your position. You have no solution ... yet you seem to be attempting to destroy the basis of the existing order, because it is not perfect? This does not seem logical - or rational - to me. quote:
ORIGINAL: vincentML Sorry I ran long on here. Thanks for your patience. Good luck and maybe we will see you again in the future. Not a problem with the length. I do like good discussions that both challenge and make me think. And/or to see if I can gain a greater understanding of people who have opinions that do not match mine. I do think it might be worth you listening to the video referenced in the OP of the necrothread How Modern Liberals Think. The video is several years old, but it has gotten me thinking how someone such as yourself (calm, logical, intelligent) could possibly come to your position. Firm
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Some people are just idiots.
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