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Kerry - Court decisions are equal to Constitutional rights?

 
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hleone
Seaman Apprentice


Joined: 07 Aug 2004
Posts: 81

PostPosted: Thu Oct 14, 2004 10:01 pm    Post subject: Kerry - Court decisions are equal to Constitutional rights? Reply with quote

When asked about Roe v. Wade last night, President Bush said he would appoint Supreme Court judges who will strictly interpret the U.S. Constitution, no litmus test on abortion or anything else.

Then Kerry said:

Quote:
I'm not going to appoint a judge to the Court who's going to undo a constitutional right, whether it's the First Amendment, or the Fifth Amendment, or some other right that's given under our courts today.....

And I believe that the right of choice is a constitutional right.


I am not an attorney, but how can a right resulting from a court decision, like Roe v. Wade, be considered equivalent to a constitutional right?

Isn't this a major mistake by John Kerry, tantamount to an admission that he will have a complex litmus test, because he won't appoint a new Judge unless that person fully supports, and will not challenge, any Supreme court decision, including Roe v. Wade, because Kerry gives those decisions equivalency to constitutional rights?
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Anker-Klanker
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Joined: 04 Sep 2004
Posts: 1033
Location: Richardson, TX

PostPosted: Thu Oct 14, 2004 11:19 pm    Post subject: Reply with quote

Kerry's words from the 2nd debate:

Quote:
"These are constitutional rights, and I want to make sure we have
judges who interpret the Constitution of the United States according
to the law."


I've no doubt that he was thinking of Roe vs. Wade when he said those words, though that was not specifically the topic of the debate.

Make no doubt about it, on certain issues at least, he has stated that the law (or the cause, if you will) should trump the Constitution, and that if he is given a chance he will ensure that judges are appointed to ensure that principle. Sounds like a litmus test to me.
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CTW
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Joined: 10 Sep 2004
Posts: 691

PostPosted: Fri Oct 15, 2004 12:00 am    Post subject: Reply with quote

Make no mistake Kerry is all for the courts and lawyers telling us what our rights are. He does not put the Constitution first.
He does not understand or believe that our rights and feedoms are God given and that We the People give our representatives Their rights to over see the country.
He wants to be KING not president.

Know why you are a liberal or a conservative.

This is a major difference in liberal and conservatives. This is so serious and many people don't have a clue to the consequences. CTW

Never Ever Kerry
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92g
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Joined: 08 Sep 2004
Posts: 15

PostPosted: Fri Oct 15, 2004 12:19 am    Post subject: Reply with quote

This is an excellent point. I often make the case that Kerry, and liberals in general, are not fit for Federal Office because they cannot take an oath to defend the Constitution, with full intent to subvert it by means of appointing activiates judges that legislate from the bench at the same time.

That comment really stuck in my craw.

Terry
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scotty61
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Joined: 07 May 2004
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Location: Glyndon MN

PostPosted: Fri Oct 15, 2004 12:46 am    Post subject: Reply with quote

I said this in another thread, but the Constitution is a document outlining the LIMITED powers that we the people give the government. The founding fathers were afraid of a strong central government so they added the Bill of Rights, outlining some but not all of our rights. The Constitution gives us nothing, through it we give certain powers to the government.

Judges who understand this are call strict constructionalist. Kerry wants judges who believe that rights are granted to the people by the government.

Thus we have a right to privacy even though it isn't found in the Constitution. The Supreme Court found that a woman has the right to an abortion even though it isn't found in the Constitution. The problem is does the fetus have rights, at what point does it accrue them and do they supercede the rights of the mother. This aspect of the issue creates the bone of contention with which we have to deal.
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julsmith
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Joined: 07 Aug 2004
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PostPosted: Fri Oct 15, 2004 1:18 am    Post subject: Reply with quote

Notice at the third debate how Kerry used the word "allow" when he referred to not allowing Roe V. Wade to be overturned, he would not "allow" anyone to veto our security, he would "allow" us to buy Medicare early, and he will "allow" us to use his "planned" health care if we want, but don't have to, except he says we'll all want to buy into his "plan". What are we, children that need to be taken care of by Big Daddy up in Washington? Question

If he says he'll "allow" me to do something that's part of his "plan" one more time, I'm just going to turn off the TV and take a long walk in the rain.
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rb325th
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Joined: 21 Aug 2004
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PostPosted: Fri Oct 15, 2004 1:30 am    Post subject: Reply with quote

Keerys remark epitomises what is wrong wiht our Court System today. Instead of the Appeals Courts upholding the Constitution, they opt to reinterpet it.
There very few "Guaranteed Rights" in this Nation, the rest are all "entitlements" given by the Government. Unfortunately the Benches of the Courts are loaded with far left leaning Judges who Legislate from the Bench, and "Lawmakers" in State Houses and Congress who have abdicated their responsibility to these judges.
Look at the 9th "Circus" in California, the most overturned Court in the land. They deal in a huge number of cases there, because the attornies know where to file if they want a favorable decision. The fact most of those Decisions are overturned is no big deal, because they just got the attention they were looking for.
Yeah Kerry would be great for the far left, lousy for the rest of the moderates and conservatives of this Nation.
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rikkoshay
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Joined: 22 Aug 2004
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PostPosted: Fri Oct 15, 2004 2:18 am    Post subject: Reply with quote

Quote:
I am not an attorney, but how can a right resulting from a court decision, like Roe v. Wade, be considered equivalent to a constitutional right?

Isn't this a major mistake by John Kerry, tantamount to an admission that he will have a complex litmus test, because he won't appoint a new Judge unless that person fully supports, and will not challenge, any Supreme court decision, including Roe v. Wade, because Kerry gives those decisions equivalency to constitutional rights?


The supreme court said that slavery was a constitutional right.

The Supreme Court said:
They have no rights under the constitution
They are property
They can be bought, sold, or killed.

The proponents say:
They're not human
Mind your own business
Keep your religion to yourself
Against it? Don't have one.

Now tell me if the above refers only to slavery.

The Supreme Court was wrong about slavery, they can be (I believe are) wrong about abortion. It is a huge mistake by Kerry to put a Court decision ahead of the Constitution. And yes, he is saying he'll have a litmus test. Unfortunately, many voting Americans, educated in our public overtly liberal schools, have no idea what could possibly be wrong with that.

Heaven help us if the courts reign supreme in our country. That's what happened to make Rome fall, that's what one of our Founding Fathers (can't recall which right now) was most worried about happening (hense the separation of powers and checks and balances), and predicted that a corrupt court system would be our downfall.[/u]
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rikkoshay
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Joined: 22 Aug 2004
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PostPosted: Fri Oct 15, 2004 2:23 am    Post subject: Reply with quote

rb325th wrote:

Look at the 9th "Circus" in California, the most overturned Court in the land. They deal in a huge number of cases there, because the attornies know where to file if they want a favorable decision. The fact most of those Decisions are overturned is no big deal, because they just got the attention they were looking for.


Did you hear about the redistricting in the 9th circuit?! They are going to split it into 3 separate district courts!! :D I heard it on radio news last week or the week before. There were many logical reasons for it, but I think that it will be quite beneficial overall.
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George F. Thompson
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Joined: 11 May 2004
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PostPosted: Fri Oct 15, 2004 4:10 am    Post subject: Constitutional rights Reply with quote

If you would believe Kerry, all of the Supreme court decisions are infallible. It would appear the supreme court's decision on Dred Scott was a constitutional right in 1857 or perhaps the court was right in interning American citizens of Japanese ancestery in concentration camps during World War II. Perhaps the supreme courts judgement might be driven by what they percieve to be popular opinion or their abilility to impose their will on us. I believe they are a bunch of elitist's who think the average person needs their intellectual insights to guide us in the right direction. The supreme court in it's infintely more liberal slant always knows what's best for us and will do for us, what they think we are incapable of doing for ourselves. It's a matter of attitude, just like Clinton, the reason they do what they want to do, is because they can. As for Roe v Wade, even though the majority of Americans disagree with there decision, it will be a cold day in hell before it's overturned.

George F. Thompson
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