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Seems to be very odd thinking for a federal Judge. His powers as a judge are derived from the Constitution.
The Constitution is the supreme law of the land. This might explain some of the odd rulings from the court recently.
Judge Richard Posner: ‘No value’ in studying the U.S. Constitution
Read the full story here:
Seventh Circuit Judge Richard Posner sees “absolutely no value” in studying the U.S. Constitution because “eighteenth-century guys” couldn’t have possibly foreseen the culture and technology of today.
In a recent op-ed for Slate, Judge Posner, a senior lecturer at the University of Chicago Law School, argued that the original Constitution, the Bill of Rights, and the post–Civil War amendments “do not speak to today.”“I see absolutely no value to a judge of spending decades, years, months, weeks, day, hours, minutes, or seconds studying the Constitution, the history of its enactment, its amendments, and its implementation (across the centuries — well, just a little more than two centuries, and of course less for many of the amendments),” he wrote. “Eighteenth-century guys, however smart, could not foresee the culture, technology, etc., of the 21st century.”
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I suggest you read Posner's response to a previous posting (it was not an op-ed) where he was advocating for law schools to hire professors with more actual courtroom experience. His comment on the Supreme Court was secondary to his response about law school professors. He also quoted David Strauss in stating: "The Supreme Court treats the Constitution like it is authorizing the court to create a common law of constitutional law, based on current concerns, not what those 18th-century guys were worrying about."
The article in the Washington Times concentrates more on the lack of respect by Posner towards Scalia. That appears to have been a mutual disrespect.
BTW . . . Specifically, which recent odd rulings from the court does this explain?
Last edited by Rongone (6/29/2016 8:30 am)
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I think the gentleman's point is that we shouldn't think of the Constitution as a document cast in concrete. The world of 250 years ago has changed and evolved with the needs of society. Perhaps that while the Constitution served as a guideline for the foundation of a new nation, the needs of that nation may change over time and a constitution should reflect that reality.
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The judge brings an interesting perspective.
We shouldn't be so afraid of ideas.
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If the Constitution was cast in concrete then there would be no need for Amendments or even deciding what "words mean".
For heavens sake there has been back and forth for years over the meaning of a "well regulated militia". We in many cases have anything BUT !