tag:blogger.com,1999:blog-20692053.post7437958957177373735..comments2023-11-03T06:35:48.003-05:00Comments on Shark and Shepherd: More supreme court post-mortemRick Esenberghttp://www.blogger.com/profile/07280070509167910367noreply@blogger.comBlogger8125tag:blogger.com,1999:blog-20692053.post-71275687009513775382008-04-10T11:52:00.000-05:002008-04-10T11:52:00.000-05:00it - do you really think that Samual Adams and the...it - <BR/><BR/>do you really think that Samual Adams and the "anti-federalists" would have finally voted to ratify the constitution if the amendments didn't protect the soverenty of the states and religious rights of the states?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20692053.post-20673889411277040622008-04-09T14:20:00.000-05:002008-04-09T14:20:00.000-05:00Your premise ...Premise? What premise? I neither s...<I>Your premise ...</I><BR/><BR/>Premise? What premise? I neither stated nor even assumed any premise. I merely reported the result in <I>Everson</I>.<BR/><BR/>Nor was I saying anything about Black's position on (total, all in one fell swoop) incorporation. I was only using it as an example to observe that debating amongst judges has a long and storied tradition, and only implying (although I endorse the sentiments) that that debate has made the literature richer and is better to be carried on, for everyone's benefit, in public, and in print.illusory tenanthttps://www.blogger.com/profile/08524761974822871419noreply@blogger.comtag:blogger.com,1999:blog-20692053.post-14727129362005127692008-04-09T12:50:00.000-05:002008-04-09T12:50:00.000-05:00it or should I say Tom? (my impression when I read...it or should I say Tom? (my impression when I read that was that it was also an alias) - <BR/><BR/>"The Church (and the State) won in Everson."<BR/><BR/>Your premise that no one for 150 years prior to Everson was happy with the Fed's keeping there nose out of State and religious affairs, is somewhat niave'. <BR/><BR/>The unhappiness started with Everson along with the decline in our nation. 1% of our population now in prison along with the numerous other societal problems speak for themselves.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20692053.post-17255167863501809102008-04-09T09:54:00.000-05:002008-04-09T09:54:00.000-05:00Illusory Tenant (if that is his real name) wrote "...Illusory Tenant (if that is his real name) wrote "someone assuming the 'against' position should bear in mind, to choose but one example, Hugo Black's series of opinions -- not to mention those of his interlocutors -- for the Court on the question of the incorporation of the Bill of Rights."<BR/><BR/><BR/>See Lynn Adelman and Shelley Fite, Exercising Judicial Power: A Response to the Wisconsin Supreme Court's Critics, 91 Marquette Law Review <A HREF="http://law.marquette.edu/lawreview/winter2007/adelman_fite.pdf" REL="nofollow">425</A>, 449, "as in most states, the Warren Court’s incorporation of much of the Bill of Rights into the Fourteenth Amendment, making its protections enforceable against the states, more or less stopped the development of Wisconsin constitutional law in its tracks. [footnote omitted]"Terrence Berreshttps://www.blogger.com/profile/02867275234105879358noreply@blogger.comtag:blogger.com,1999:blog-20692053.post-2568807430905360582008-04-09T09:25:00.000-05:002008-04-09T09:25:00.000-05:00Wasn't it appointed judges in 1947 that started th...<I>Wasn't it appointed judges in 1947 that started the war on tradition and religion of this country that continues to this day?</I><BR/><BR/>The Church (and the State) won in <A HREF="http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=330&invol=1" REL="nofollow"><I>Everson</I></A>.illusory tenanthttps://www.blogger.com/profile/08524761974822871419noreply@blogger.comtag:blogger.com,1999:blog-20692053.post-48815770834157412882008-04-09T09:11:00.000-05:002008-04-09T09:11:00.000-05:00We can argue about the propriety of that sort of t...<I>We can argue about the propriety of that sort of thing ...</I><BR/><BR/>We could, but someone assuming the "against" position should bear in mind, to choose but one example, Hugo Black's series of opinions -- not to mention those of his interlocutors -- for the Court on the question of the incorporation of the Bill of Rights.<BR/><BR/>I'd practically question the sanity of anybody who'd prefer the <I>ex post facto</I> excision of that discussion from the literature.illusory tenanthttps://www.blogger.com/profile/08524761974822871419noreply@blogger.comtag:blogger.com,1999:blog-20692053.post-84406859283096383702008-04-09T06:26:00.000-05:002008-04-09T06:26:00.000-05:00If you're advocating for the Courts to return to t...If you're advocating for the Courts to return to the traditional role intended for them, then I'm in full agreement with you. <BR/><BR/>Wasn't it appointed judges in 1947 that started the war on tradition and religion of this country that continues to this day?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20692053.post-24736146042172171132008-04-07T19:57:00.000-05:002008-04-07T19:57:00.000-05:00I would suggest to you that a court adopting a mor...<I>I would suggest to you that a court adopting a more limited view of its authority is going to attract less attention</I><BR/><BR/>Precisely the same as if Congress or the Legislature would stop aggrandizing power(s) to themselves; lobby moneys would go away.Dad29https://www.blogger.com/profile/08554276286736923821noreply@blogger.com