Foremost American Legal Scholar Summarizes Sorry State of Affairs

?We have a very crappy judicial system. That?s the the long and short of it. And that contaminates much of government,? said P osner. ?In England, judges up to the level of the Supreme Court are appointed by commissions which are composed of judges and professors, not politicians or Parliament. Our federal courts are instead appointed by poli ticians and the president, and confirmed by the Senate. Those politicians d o not care about quality, beyond a very low minimum. They care about other things: tokens, political and religious leanings. So you end up with medioc re courts that are highly politicized. And that?s what we have now in the Supreme Court: extremely reactionary Supreme Court justices, appoint ed by Bush mainly.?

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bloggs.fredbloggs.fred
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But we have some really great electronics distributors. In some european countries, buying parts is tricky for individuals or startups.

The USA is a great place to do electronics. Avoid judges.

There seems to be a huge amount of legal and regulatory overhead in the UK and europe.

The US Supreme Court is pretty good. A little more strict-constructionist attitude (which we should get soon) will make it better. Respecting the Constitution is fundamentally reactionary.

--

John Larkin   Highland Technology, Inc   trk 

jlarkin att highlandtechnology dott com 
http://www.highlandtechnology.com
Reply to
John Larkin

ong and short of it. And that contaminates much of government,? sai d Posner. ?In England, judges up to the level of the Supreme Court are appointed by commissions which are composed of judges and professors, n ot politicians or Parliament. Our federal courts are instead appointed by p oliticians and the president, and confirmed by the Senate. Those politician s do not care about quality, beyond a very low minimum. They care about oth er things: tokens, political and religious leanings. So you end up with med iocre courts that are highly politicized. And that?s what we have n ow in the Supreme Court: extremely reactionary Supreme Court justices, appo inted by Bush mainly.?

rich/

That originalism nonsense is a scam. Anyone with a modicum of legal educati on can see that.

Reply to
bloggs.fredbloggs.fred

There's an easy way to fix that: amend the Constitution.

2: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
--

John Larkin   Highland Technology, Inc   trk 

jlarkin att highlandtechnology dott com 
http://www.highlandtechnology.com
Reply to
John Larkin

e long and short of it. And that contaminates much of government,? said Posner. ?In England, judges up to the level of the Supreme Cou rt are appointed by commissions which are composed of judges and professors , not politicians or Parliament. Our federal courts are instead appointed b y politicians and the president, and confirmed by the Senate. Those politic ians do not care about quality, beyond a very low minimum. They care about other things: tokens, political and religious leanings. So you end up with mediocre courts that are highly politicized. And that?s what we hav e now in the Supreme Court: extremely reactionary Supreme Court justices, a ppointed by Bush mainly.?

ss-rich/

ation can see that.

You can't add an amendment every time some imbecile has a question about in terpretation. Amendments are a big time consuming deal.

Reply to
bloggs.fredbloggs.fred

ong and short of it. And that contaminates much of government,? sai d Posner. ?In England, judges up to the level of the Supreme Court are appointed by commissions which are composed of judges and professors, n ot politicians or Parliament. Our federal courts are instead appointed by p oliticians and the president, and confirmed by the Senate. Those politician s do not care about quality, beyond a very low minimum. They care about oth er things: tokens, political and religious leanings. So you end up with med iocre courts that are highly politicized. And that?s what we have n ow in the Supreme Court: extremely reactionary Supreme Court justices, appo inted by Bush mainly.?

rich/

Absolutely. If the US had a less antiquated constitution, and one that that hadn't been designed on the basis that the people who owned the country sh ould run the country, it might make sense to respect it, but all constituti ons are the works of man, and necessarily flawed.

What I was taught about the 1901 Australian Constitution when I was at seco ndary school included a lot about how it avoided the defects of the US cons titution.

The 1948 German constitution does better. De Gaule's 1958 French constituti on does copy the US executive presidency, which was a mistake, but De Gaull e wanted to be that kind of executive president. Happily, his prime ministe r could be voted out of office overnight if he screwed up.

--
Bill Sloman, Sydney
Reply to
bill.sloman

he long and short of it. And that contaminates much of government,? said Posner. ?In England, judges up to the level of the Supreme Court are appointed by commissions which are composed of judges and profe ssors, not politicians or Parliament. Our federal courts are instead appo inted by politicians and the president, and confirmed by the Senate. Thos e politicians do not care about quality, beyond a very low minimum. They care about other things: tokens, political and religious leanings. So you end up with mediocre courts that are highly politicized. And that? s what we have now in the Supreme Court: extremely reactionary Supreme Co urt justices, appointed by Bush mainly.?

ess-rich/

ucation can see that.

So, there are no oversights in the original constitution about events and situations that didn't exist back in the 1700s? Like stopping slavery, allowing women to vote, and other changes and updates that the US Constitution has gone through in the past? It is a perfect document and all of its provisions are ideal?

Interesting, then a lot of your fellow citizens must be mistaken when they improved the status of women, and freed the slaves, along with all the other minor changes that have been implemented.

And, assuming the US Constitution was a perfect document, why has no other country on the planet copied it without revisions when creating their own?

It was a good document for its time, and a great many of its ideals are still valid today (and these ideals HAVE been adopted by many countries), but the notion that we should all be stuck in the mores of

1776 is a bit dated, don't you think?

John

Reply to
John Robertson

If the authors had thought it was perfect, there wouldn't be rules for amending it.

Of course. It has been amended many times. The beauty of a constitution is that it is a non-drifting, absolutist set of principles that can be modified after serious deliberation. Without a constitution, law is arbitrary and fad driven, and government can, and does, progressively restrict the rights of citizens.

The key to a stable constitutional country is that the courts respect the constitution, and that the other branches of government (including the military) respect the courts.

--

John Larkin   Highland Technology, Inc   trk 

jlarkin att highlandtechnology dott com 
http://www.highlandtechnology.com
Reply to
John Larkin

the long and short of it. And that contaminates much of government,? ? said Posner. ?In England, judges up to the level of the Supreme Court are appointed by commissions which are composed of judges and profes sors, not politicians or Parliament. Our federal courts are instead appoint ed by politicians and the president, and confirmed by the Senate. Those pol iticians do not care about quality, beyond a very low minimum. They care ab out other things: tokens, political and religious leanings. So you end up w ith mediocre courts that are highly politicized. And that?s what we have now in the Supreme Court: extremely reactionary Supreme Court justice s, appointed by Bush mainly.?

ress-rich/

ducation can see that.

Some real fundamental ignorance there. The military is not a branch of gove rnment. The judicial branch is on par with the other two, executive and leg islative. Constitutions and laws and respect and all your other misundersta ndings, probably borne of musings while sitting on the toilet from I can te ll, are not the most essential components for making a government work. The most essential ingredient is enforcement of the law, without that all you end up with is crap, you cannot have a nation based on law without enforcem ent of that law, the everpresent rabble will just thumb their noses.

Reply to
bloggs.fredbloggs.fred

That's just the contrapositive of the 10th Amendment.

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bitrex

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