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Justice Kennedy says Constitution
‘flawed document’

San Francisco Chronicle, by Bob Egelko

Original Article

Posted By:Sardonic, 7/22/2014 9:22:48 AM

Supreme Court Justice Anthony Kennedy wasn’t out to make news when he addressed the annual conference of the Ninth U.S. Circuit Court of Appeals and devoted most of his 50-minute speech to the Magna Carta, which turns 800 years old in 2015. But Kennedy did let on that he doesn’t belong to the school of Constitution-worshipers who base their legal doctrines on what they glean to be the original, literal meaning of every word and phrase in the nation’s founding document.

Comments:
Hmm

      


Post Reply  

Reply 1 - Posted by: John c, 7/22/2014 9:25:27 AM     (No. 9935031)

Lord help us.

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Reply 2 - Posted by: god of irony, 7/22/2014 9:26:03 AM     (No. 9935032)

And who appointed Bob Egelko or Anthony Kennedy to pick out the "flawed" parts? If they don´t like it then there is a legal way to change it.

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Reply 3 - Posted by: WhamDBambam, 7/22/2014 9:26:33 AM     (No. 9935034)

Interpreted by flawed men as well.

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Reply 4 - Posted by: afortiori, 7/22/2014 9:27:17 AM     (No. 9935039)

In context of (too short) article, it appears Justice Kennedy meant Constitution flawed in sense of slavery and the 3/5 rule for blacks which, frankly, it was. Will not judge based on snippets. Would like to find full text before judging (I suppose pun was intended).


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Reply 5 - Posted by: Patchy Groundfog, 7/22/2014 9:40:21 AM     (No. 9935063)

He´s right...we´re much better off being ruled by lawyers who still haven´t started solid food , educated in liberal hothouses, arguing gold-leaf distinctions while the nation goes to he**.

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Reply 6 - Posted by: grace1798, 7/22/2014 9:43:49 AM     (No. 9935067)

Doesn´t this tell you that they intend to write their OWN LAWS NOW? uh huh. This is what you get when you vote in power a SOCIALIST/MARXIST DEMONRAT.

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Reply 7 - Posted by: Scottyboy, 7/22/2014 9:47:57 AM     (No. 9935078)

Anything created by man, and man himself, are flawed, but that is never an excuse to ignore the rules and do whatever the hell you want, which is EXACTLY the MO the left (and the devil) has been using all these years.


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Reply 8 - Posted by: toddh, 7/22/2014 9:48:52 AM     (No. 9935081)

The biggest flaw is it did not place restraints on the power of judges, allowing them to arrogate all power to themselves. Judges control our industries, our schools, and our military. They regularly overrule the will of the people as expressed in elections. They are free to ignore or rewrite all laws, even the Constitution. The higher they are in the system the more prejudiced they are, so their rulings can be precisely predicted.

Despotism in abaya robes.

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Reply 9 - Posted by: Doctor P, 7/22/2014 9:53:06 AM     (No. 9935089)

the document was written by men and so must be flawed. This is especially true as it had to be ADOPTED and there were compromises made.

Yet the founders put in an amendment process - article V - so that it could be updated when necessary.

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Reply 10 - Posted by: frenesi1, 7/22/2014 9:53:51 AM     (No. 9935091)

Justice Kennedy who found gay marriage constitutional. What a dope.

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Reply 11 - Posted by: andyboy, 7/22/2014 9:53:55 AM     (No. 9935092)

Justice Kennedy, I may not be the brilliant legal scholar you are -- but if people believe the Constitution has flaws, isn´t there a process (in the Constitution) for AMENDING it?

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Reply 12 - Posted by: ru4us, 7/22/2014 9:56:52 AM     (No. 9935095)

Article VI: The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
The Oath:

I, _________, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as _________ under the Constitution and laws of the United States. So help me God.


If one believes the Constitution is flawed, don´t take the oath and get another job. Or better still move somewhere else to establish your utopia. Most of the people who ever lived on earth would not think the Constitution so flawed, even with slavery.

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Reply 13 - Posted by: pinger, 7/22/2014 9:58:43 AM     (No. 9935100)

Yes but, unlike Kennedy, The Constitution will be around for at least as long as there´s a conservative breath remaining in this country.

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Reply 14 - Posted by: FlatCityGirl, 7/22/2014 9:59:38 AM     (No. 9935102)

If the headline is to be believed, then Kennedy is right in lockstep with the Mulatto Marxist in the Spite House.

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Reply 15 - Posted by: shamus, 7/22/2014 10:00:41 AM     (No. 9935104)

Kennedy is the justice who can´t make up his mind. Every other decision takes a different tact.

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Reply 16 - Posted by: lancer12, 7/22/2014 10:02:36 AM     (No. 9935107)

French Revolution, Rights of Mann, the terror---Save us, Napoleon I II III.

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Reply 17 - Posted by: civilservant, 7/22/2014 10:13:57 AM     (No. 9935130)

#4. the Democrats of the time fought tooth and nail against the 3/5´s compromise.
See, if each slave was counted as a full person, the slave owning Democrat South would have been able to ENSURE the continuation of slavery by owning the Convention numerically.
Man, were they pi$$ed, and have been working to regain Slavery ever since.
The KKK, Jim Crow and Bull Connor were ALL Democrat constructs, or in the case of BC actual Democrat politicians.


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Reply 18 - Posted by: bugboy, 7/22/2014 10:14:52 AM     (No. 9935131)

So, Kennedy is smarter then some of the greatest minds that have every come together in one place to give us a document that has withstood the course of time and the stupidity of men!

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Reply 19 - Posted by: bubby, 7/22/2014 10:18:28 AM     (No. 9935141)

#4 & 5 FYI. The 3/5 rule was a compromise. The northern colonies that opposed slavery didn´t want to count the slaves at all giving the South less representation in Congress believing it would make it easier to outlaw slavery altogether. The Southern states wanted to count all the slaves as whole and part of their population thus having more seats in the House. Any man made document written is flawed.

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Reply 20 - Posted by: grace1798, 7/22/2014 10:18:33 AM     (No. 9935142)

Don´t know if any of you saw the LEFT BEHIND series but the part where the Antichrist said.."this is MY TIME."

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Reply 21 - Posted by: ColoWapiti, 7/22/2014 10:19:18 AM     (No. 9935144)

Lucky for us, we have a Messiah in the White House to save us from this horrible document.

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Reply 22 - Posted by: lancer12, 7/22/2014 10:21:28 AM     (No. 9935149)

Rights of Man.

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Reply 23 - Posted by: tennman, 7/22/2014 10:24:21 AM     (No. 9935156)

Only flawless document is the Bible. All others have been written by people who are flawed or lack divine insight.

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Reply 24 - Posted by: Rumblehog, 7/22/2014 10:24:36 AM     (No. 9935159)

Wait until we have a Republican majority and President and then fire his arse, along with the 3 witches of Endor.

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Reply 25 - Posted by: woofwoofwoof, 7/22/2014 10:47:19 AM     (No. 9935212)

I agree it´s flawed and lifetime tenure for SCOTUS judges is the prime example.

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Reply 26 - Posted by: JHHolliday, 7/22/2014 10:53:19 AM     (No. 9935223)

It worked fine for a couple hundred years. The attempts by the left to disregard it are the main cause of our current problems.

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Reply 27 - Posted by: grace1798, 7/22/2014 11:13:11 AM     (No. 9935267)

Do you realize that these corrupt will be standing before God at the Great White Throne Judgment Seat and required to give an answer for what they have done. They have blood on their hands. There is a greater judgment for those in authority, as you know, unless they get saved. But even when we get saved, the Saints of God must appear before the Judgment Seat of Christ. There is no punishment there since Jesus took it all, but there is shame and rewards given out. And we will be required to give an answer(not an excuse)to what we did AFTER being saved. To whom more is given.....more is required.

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Reply 28 - Posted by: glsmith36, 7/22/2014 11:20:50 AM     (No. 9935291)

The Constitution does not give the Supreme Court the power of Judicial Review. The Supremes took that power on their own in Marbury v Madison.



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Reply 29 - Posted by: Woodiedg, 7/22/2014 11:21:15 AM     (No. 9935292)

Justice Kennedy is a flawed human being.
The Constitution is the Constitution and that is that. It is to be taken for its words and not current or future intrepretations. If there is something wrong, then make an amendment. Courts cannot overrule the Constitution, period!!

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Reply 30 - Posted by: bpl40, 7/22/2014 11:21:35 AM     (No. 9935293)

Of all the constructs of Man and his civilization, even (actually especially) the Koran, this document comes closest to perfection. Of course its authors were well aware of its limitations and flaws. But the way it has withstood the tests of time and the assaults of scoundrels, one has to come to the conclusion that these men were under Divine guidance.

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Reply 31 - Posted by: trackman999, 7/22/2014 11:37:21 AM     (No. 9935327)

The north ws againt slavery, the south was for it. In order to have a country there had to be a comprmise . So the nothern representitives did that and knew that it would be dealt with later, which it was. The primary objective was to have a country, without that, everything else ws meaningless.

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Reply 32 - Posted by: jeffkinnh, 7/22/2014 11:49:50 AM     (No. 9935349)

Of course it is flawed. It was written by men who are flawed and not omniscient.

Fortunately, those men also included an amendment process. Glaring faults can be remedied. However, Supreme Court justices are NOT part of that amendment process. They are handed a hierarchy of laws. It is their job to verify the laws are applied equally to all, to decide conflicts between various laws, and to provide clarification for ambiguous laws.

They have some wiggle room in interpreting laws but well written laws don´t allow too much interpretation.

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Reply 33 - Posted by: lana720, 7/22/2014 11:57:18 AM     (No. 9935362)

Is that impeachable statement?
Good grief! How can we expect him to follow the Constitution, then?

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Reply 34 - Posted by: snowoutlaw, 7/22/2014 12:02:03 PM     (No. 9935370)

Guess this is news the the perfect lying SF Chronicle. The founders/writers said the same thing which is why it can be admended. Judges have to have an open mind which is impossible for any liberal to understand.

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Reply 35 - Posted by: Jethro bo, 7/22/2014 12:18:53 PM     (No. 9935401)

It´s axiomatic that the Constitution is flawed. It was so flawed that a Civil War was fought over its flaws and limitations. It continues to be flawed as it now some how miraculously allows the gooobernment to determine what amount of water can be used to flush toliets, How fast one can drive on highways and that the goobernment can now tax inactivity. One would bet that amendments that address out of control dictators like Obambi would be a welcome addition to the flawed constitution that now allows for Obambi to function as a 3rd world tinhorn dictator.

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Reply 36 - Posted by: msjena, 7/22/2014 12:24:36 PM     (No. 9935411)

Misleading headline. He was talking about the original document´s approval of slavery. He goes on to say he supports the Second Amendment. There are provision in the Constitution for amendments. That is the way to change "flaws" in the document instead of judicial fiat, which is what liberal prefer.

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Reply 37 - Posted by: paral04, 7/22/2014 12:32:59 PM     (No. 9935423)

If the Constitution is flawed what about Obama Care that he upheld?

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Reply 38 - Posted by: Texas544, 7/27/2014 8:25:29 AM     (No. 9941784)

Justice Kennedy is pretty flawed himself. He was a member of the Olympic Club from 1962 until the day he went to Washington for his confirmation hearings. The Olympic Club had a "whites only" policy when he joined it. Also he was a member of the Del Paso Country Club and the Sutter Club which were also clubs that allowed few minorities and few women (certainly less that 3/5ths of these clubs were black or women members!)

You can read all of this in his confirmation hearing record. In that record you will not read any mention of Justice Kennedy´s concern that the Constitution was a flawed document. A bit of bait and switch, huh?

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Reply 39 - Posted by: Texas544, 7/27/2014 8:39:21 AM     (No. 9941799)

Also, in the Kennedy confirmation hearing transcript you can learn that prior to becoming a Supreme, Kennedy hired 35 law clerks. Of these 0 were black (0%), 5 were women(14%), 1 was Asian-american (3%). So 83% were white males.

Now it turns out that Kennedy thinks the framers produced a flawed Constitution. Seems to me had Justice Kennedy been involved he would have made the same flawed mistakes.

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Justice Kennedy says Constitution
‘flawed document’
San Francisco Chronicle, by Bob Egelko    Original Article
Posted By: Sardonic- 7/22/2014 9:22:48 AM     Post Reply
Supreme Court Justice Anthony Kennedy wasn’t out to make news when he addressed the annual conference of the Ninth U.S. Circuit Court of Appeals and devoted most of his 50-minute speech to the Magna Carta, which turns 800 years old in 2015. But Kennedy did let on that he doesn’t belong to the school of Constitution-worshipers who base their legal doctrines on what they glean to be the original, literal meaning of every word and phrase in the nation’s founding document.

Portland Mayor Charlie Hales,
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The Oregonian, by Andrew Theen    Original Article
Posted By: sardonic- 7/8/2014 2:56:00 PM     Post Reply
The city of Portland is sending 16 white male employees and managers, including Mayor Charlie Hales and Police Chief Mike Reese, to a three-day diversity training conference at a Mt. Hood-area resort this week. The training, run by the company White Men as Full Diversity Partners, costs $56,000 and will be funded in part by Hales´ office and the Portland Police Bureau. According to Hales´ office, the training focuses on eliminating racism, sexism and homophobia in organizations. The 16 staffers will be at the conference from 5 p.m. Monday through Thursday at 2:30 p.m.



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