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(Washington Post)   George Will: Judicial activism isn't a bad thing, as long as conservative justices are carefully exercising their judicial authority to challenge liberals   (washingtonpost.com) divider line 72
    More: Obvious, judicial restraint, liberals, justices, people from Louisiana, NFL referee  
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831 clicks; posted to Politics » on 23 Jan 2014 at 10:01 AM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2014-01-23 09:09:12 AM  
Has he been off on a fact-finding trip to Colorado?
 
2014-01-23 09:12:22 AM  
That not judicial activism, that standing by the constitution.  It's only activism when I disagree with the ruling.
 
2014-01-23 09:25:16 AM  
between citizens united, heller and bush, the scalia/roberts/rhenquist court is one of the most activist in recent memory.
 
2014-01-23 09:31:58 AM  
When is Bezos going to cut his losses and make George Will actually work for a living?
 
2014-01-23 09:47:21 AM  
Remember when George Will was considered to be an influential conservative intellectual?
 
2014-01-23 10:03:42 AM  
IOKIYAR.
 
2014-01-23 10:05:30 AM  
It's not judicial activism when we do it.
 
2014-01-23 10:10:50 AM  

George Will enjoys smelling his own farts.



img51.imageshack.us
 
2014-01-23 10:15:50 AM  
I would be fine with judicial activism if they did it for the good of the people and not for the corporations and the 2 other corrupt branches of government they own.
 
2014-01-23 10:17:16 AM  
"This process, Neily rightly insists, is not self-legitimizing, which is why judicial passivity is inconsistent with constitutional government. Between 1954 and 2002, the Supreme Court invalidated 103 of the 15,817 laws that Congress passed - 0.65 percent. It struck down about 0.5?percent of federal regulations and less than 0.05 percent of state laws. Neily says, "In light of history, experience, and common sense, it is implausible to suppose the federal government hits the constitutional strike zone 99.5 percent of the time."

"Neily argues that to say that judicial invalidations of legislative acts should be rare is no more sensible than saying NFL referees should rarely penalize players for holding. Conservatism's task, politically hazardous but constitutionally essential, is to urge courts to throw as many flags as there are infractions."



Okay, that's just retarded, it's not implausible at all. Seems pretty obvious that legislators would a.) have a passing familiarity with constitutionality and b.) would tend to avoid the obviously flagrantly unconstitutional things in the interest of not wasting time... unless they really feel like pandering to someone.

And what's with the time frame ending at 2002?
 
2014-01-23 10:19:06 AM  

bigsteve3OOO: I would be fine with judicial activism if they did it for the good of the people and not for the corporations and the 2 other corrupt branches of government they own.


So basically, you're fine with liberal activism and not conservative activism. Because, you see, conservative politics favor corporations.
 
2014-01-23 10:21:24 AM  

vernonFL: Remember when George Will was considered to be an influential conservative intellectual?


Barely
 
2014-01-23 10:21:31 AM  

Wyalt Derp: IOKIYAR.


good summarizing, I could have spared myself a Will article.

Of course, many of them can be summarized thusly.
 
2014-01-23 10:21:57 AM  
Also, regarding "...urge courts to throw as many flags as there are infractions" -- Infractions, my ass. Sonny, it ain't nothing 'till the court calls it.

You'd think a baseball geek might realize a thing or two about that.
 
2014-01-23 10:24:15 AM  

FlashHarry: between citizens united, heller and bush, the scalia/roberts/rhenquist court is one of the most activist in recent memory.


Don't forget the VRA ruling.
 
2014-01-23 10:25:04 AM  

cameroncrazy1984: bigsteve3OOO: I would be fine with judicial activism if they did it for the good of the people and not for the corporations and the 2 other corrupt branches of government they own.

So basically, you're fine with liberal activism and not conservative activism. Because, you see, conservative politics favor corporations.


If only that were true.  Then yes. But it is not.
 I suppose if you use the classic definition of liberal.
   Modern definition of liberal means progressive which is a heavy handed government.  Not liberal at all.
 
2014-01-23 10:25:27 AM  
Reading TFA (I know, my mistake), seems Ol' Bluejeans is pissed at judges because Congress is bought off.
 
2014-01-23 10:30:08 AM  

Dr Dreidel: Reading TFA (I know, my mistake), seems Ol' Bluejeans is pissed at judges because Congress is bought off.


He conveniently ignores how Thomas is also looking like he is getting paid for his votes through his wife's "job"
 
2014-01-23 10:32:43 AM  

bigsteve3OOO: If only that were true.  Then yes. But it is not.


In what respect, Charlie?

bigsteve3OOO: Modern definition of liberal means progressive which is a heavy handed government.


Okay, citation needed. Especially those liberal policies which favor the corporations. Like single-payer healthcare! Wait, no. I mean EPA regulations on coal! No wait, dammit. Hang on, I'll find one policy that favors corporations around here somewhere. Minimum wage hikes? Hm, nope. What about increased taxes on businesses that make the top 1% of profits? Sorry, buddy, I'm having a bit of trouble finding these corporation-friendly policies that you assert "modern progressives" support. Help me out, here?
 
2014-01-23 10:34:30 AM  

FlashHarry: between citizens united, heller and bush, the scalia/roberts/rhenquist court is one of the most activist in recent memory.


To be fair, the Scalia/Roberts/Rehnquist court is pretty much the only court in recent memory.
 
2014-01-23 10:35:41 AM  
Reading about the poor florist who lost her job because of the evil florist union (which exists, apparently) I'm still confused why Louisiana's laws about regulating the floral trade via licensing is unconstitutional?
 
2014-01-23 10:35:51 AM  

FlashHarry: between citizens united, heller and bush, the scalia/roberts/rhenquist court is one of the most activist douchebaggiest in recent memory.


/don't judge me
 
2014-01-23 10:36:21 AM  
Still awaiting that anti-denim legislation.
 
2014-01-23 10:40:59 AM  

cameroncrazy1984: bigsteve3OOO: If only that were true.  Then yes. But it is not.

In what respect, Charlie?

bigsteve3OOO: Modern definition of liberal means progressive which is a heavy handed government.

Okay, citation needed. Especially those liberal policies which favor the corporations. Like single-payer healthcare! Wait, no. I mean EPA regulations on coal! No wait, dammit. Hang on, I'll find one policy that favors corporations around here somewhere. Minimum wage hikes? Hm, nope. What about increased taxes on businesses that make the top 1% of profits? Sorry, buddy, I'm having a bit of trouble finding these corporation-friendly policies that you assert "modern progressives" support. Help me out, here?


But they did not do single payer.  they gave money to insurance companies.
They did stop coal but started fracking.  GE benefits from most "green" initiatives unfairly as it pays no taxes yet their competitors do.
Minimum wage is a smoke and mirror trick that helps no one.
The top 1% never had it better than under president Obama.  Warren Buffet pays less taxes than ever.

I could go on all day but the problem with politics is people dont think their team is bad.  The progressive team is Castro bad.  The conservative team is Taliban bad.
 
2014-01-23 10:41:59 AM  

nmrsnr: Reading about the poor florist who lost her job because of the evil florist union (which exists, apparently) I'm still confused why Louisiana's laws about regulating the floral trade via licensing is unconstitutional?


In Will's mind, what a judge should have done is, as soon as any case dealing with that law hit the docket, invalidate the law, because freedom.

In actuality, the Founders assumed self-defeating laws like "mandatory licenses for flower arrangers" would either never make it out of the legislature, because legislators would see a proposal that stupid and go "WTF no", or the legislators would get creamed at the next election for being so stupid and cavalier with the charge entrusted to them.

// they couldn't have conceived of Louisiana derp
// many of them could not conceive of Louisiana, though
 
2014-01-23 10:49:43 AM  

bigsteve3OOO: Minimum wage is a smoke and mirror trick that helps no one.


You've never made minimum wage, have you?
 
2014-01-23 10:52:27 AM  
Disabusing the Republican Party of a cherished dogma, thereby requiring it to forgo a favorite rhetorical trope, will not win Clark M. Neily III the gratitude of conservatives who relish denouncing "judicial activism."

Hey everyone look how smart I am!  Look at me!!  Don't you see how smart I am?
 
2014-01-23 10:53:04 AM  
He's still mad Tucker stole his bow tie look.
 
2014-01-23 10:53:04 AM  

bigsteve3OOO: But they did not do single payer.  they gave money to insurance companies.


At the behest of conservative politicians. Single-payer did not go away as a result of the ACA.

bigsteve3OOO: They did stop coal but started fracking.


Who "started fracking"? Currently in liberal NY State there is a moratorium on fracking. Who started it?

bigsteve3OOO: Minimum wage is a smoke and mirror trick that helps no one.


[citation needed] - please explain why corporations are against it if it is a liberal policy and as such  according to your own assertion it benefits corporations and not the common person.

bigsteve3OOO: The top 1% never had it better than under president Obama.  Warren Buffet pays less taxes than ever.


So Obama never raised taxes on those making over $400,000 per year? Are you certain about that?

Come on  bigsteve3OOO,you made a bold assertion that liberals favor policies that benefit corporations over common people. You could at least give more than a half-assed effort at backing it up. It's embarrassing.
 
2014-01-23 10:59:40 AM  

phaseolus: "This process, Neily rightly insists, is not self-legitimizing, which is why judicial passivity is inconsistent with constitutional government. Between 1954 and 2002, the Supreme Court invalidated 103 of the 15,817 laws that Congress passed - 0.65 percent. It struck down about 0.5?percent of federal regulations and less than 0.05 percent of state laws. Neily says, "In light of history, experience, and common sense, it is implausible to suppose the federal government hits the constitutional strike zone 99.5 percent of the time."

"Neily argues that to say that judicial invalidations of legislative acts should be rare is no more sensible than saying NFL referees should rarely penalize players for holding. Conservatism's task, politically hazardous but constitutionally essential, is to urge courts to throw as many flags as there are infractions."


Okay, that's just retarded, it's not implausible at all. Seems pretty obvious that legislators would a.) have a passing familiarity with constitutionality and b.) would tend to avoid the obviously flagrantly unconstitutional things in the interest of not wasting time... unless they really feel like pandering to someone.

And what's with the time frame ending at 2002?


Also, the canons of statutory construction demand that courts defer to the legislature whenever possible and look for a "saving construction" - that is, if there is a way to reasonably construe a statute in such a manner as to bring it within the limits of constitutionality, the court is to infer that the legislature intended that reading. There is a presumption of constitutionality, which the aggrieved party must overcome to prevail.
 
2014-01-23 11:04:08 AM  

cameroncrazy1984: bigsteve3OOO: But they did not do single payer.  they gave money to insurance companies.

At the behest of IN In cooperation with conservative politicians. Single-payer did not go away as a result of the ACA. Insurance companies got a windfall from the ACA

bigsteve3OOO: They did stop coal but started fracking.

Who "started fracking"? Currently in liberal NY State there is a moratorium on fracking. Who started it? One state? really thats what you got?  Forgot about GE explain that.

bigsteve3OOO: Minimum wage is a smoke and mirror trick that helps no one.

[citation needed] - please explain why corporations are against it if it is a liberal policy and as such  according to your own assertion it benefits corporations and not the common person.   This is so stupid I cant even...  here is a start to get you up to speed on minimum wage

bigsteve3OOO: The top 1% never had it better than under president Obama.  Warren Buffet pays less taxes than ever.

So Obama never raised taxes on those making over $400,000 per year? Are you certain about that? Income only.  the 1% dont make any income.  but you knew that.  They are doing better than ever.  Google it. Oh you already knew that too.

Come on  bigsteve3OOO,you made a bold assertion that liberals favor policies that benefit corporations over common people. You could at least give more than a half-assed effort at backing it up. It's embarrassing.


Rationalize much?
 
2014-01-23 11:07:51 AM  

Lord_Baull: It's not judicial activism when we do it.


This. Judicial Activism = rulings we don't agree with.
 
2014-01-23 11:07:59 AM  

bigsteve3OOO: Rationalize much?


Nope, not as far as I've seen.  Looks like you being crazy.  "rationalize" doesn't mean "speak rationally"
 
2014-01-23 11:09:13 AM  

bigsteve3OOO: cameroncrazy1984: bigsteve3OOO: But they did not do single payer.  they gave money to insurance companies.

At the behest of IN In cooperation with conservative politicians. Single-payer did not go away as a result of the ACA. Insurance companies got a windfall from the ACA

bigsteve3OOO: They did stop coal but started fracking.

Who "started fracking"? Currently in liberal NY State there is a moratorium on fracking. Who started it? One state? really thats what you got?  Forgot about GE explain that.

bigsteve3OOO: Minimum wage is a smoke and mirror trick that helps no one.

[citation needed] - please explain why corporations are against it if it is a liberal policy and as such  according to your own assertion it benefits corporations and not the common person.   This is so stupid I cant even...  here is a start to get you up to speed on minimum wage

bigsteve3OOO: The top 1% never had it better than under president Obama.  Warren Buffet pays less taxes than ever.

So Obama never raised taxes on those making over $400,000 per year? Are you certain about that? Income only.  the 1% dont make any income.  but you knew that.  They are doing better than ever.  Google it. Oh you already knew that too.

Come on  bigsteve3OOO,you made a bold assertion that liberals favor policies that benefit corporations over common people. You could at least give more than a half-assed effort at backing it up. It's embarrassing.

Rationalize much?


One citation, and it's a TownHall link.  That and the bolding, adorable.
 
2014-01-23 11:09:26 AM  

bigsteve3OOO: cameroncrazy1984: bigsteve3OOO: But they did not do single payer.  they gave money to insurance companies.

At the behest of IN In cooperation with conservative politicians. Single-payer did not go away as a result of the ACA. Insurance companies got a windfall from the ACA

bigsteve3OOO: They did stop coal but started fracking.

Who "started fracking"? Currently in liberal NY State there is a moratorium on fracking. Who started it? One state? really thats what you got?  Forgot about GE explain that.

bigsteve3OOO: Minimum wage is a smoke and mirror trick that helps no one.

[citation needed] - please explain why corporations are against it if it is a liberal policy and as such  according to your own assertion it benefits corporations and not the common person.   This is so stupid I cant even...  here is a start to get you up to speed on minimum wage

bigsteve3OOO: The top 1% never had it better than under president Obama.  Warren Buffet pays less taxes than ever.

So Obama never raised taxes on those making over $400,000 per year? Are you certain about that? Income only.  the 1% dont make any income.  but you knew that.  They are doing better than ever.  Google it. Oh you already knew that too.

Come on  bigsteve3OOO,you made a bold assertion that liberals favor policies that benefit corporations over common people. You could at least give more than a half-assed effort at backing it up. It's embarrassing.

Rationalize much?


You did not seriously just link Townhall as a source, then accuse others of rationalizing?
 
2014-01-23 11:10:51 AM  

ikanreed: bigsteve3OOO: Rationalize much?

Nope, not as far as I've seen.  Looks like you being crazy.  "rationalize" doesn't mean "speak rationally"


I was asking if camcraycray rationalizes much because that is the only way he can defend his political team.
 
2014-01-23 11:12:20 AM  

bigsteve3OOO: cameroncrazy1984: bigsteve3OOO: If only that were true.  Then yes. But it is not.

In what respect, Charlie?

bigsteve3OOO: Modern definition of liberal means progressive which is a heavy handed government.

Okay, citation needed. Especially those liberal policies which favor the corporations. Like single-payer healthcare! Wait, no. I mean EPA regulations on coal! No wait, dammit. Hang on, I'll find one policy that favors corporations around here somewhere. Minimum wage hikes? Hm, nope. What about increased taxes on businesses that make the top 1% of profits? Sorry, buddy, I'm having a bit of trouble finding these corporation-friendly policies that you assert "modern progressives" support. Help me out, here?

But they did not do single payer.  they gave money to insurance companies.
They did stop coal but started fracking.  GE benefits from most "green" initiatives unfairly as it pays no taxes yet their competitors do.
Minimum wage is a smoke and mirror trick that helps no one.
The top 1% never had it better than under president Obama.  Warren Buffet pays less taxes than ever.

I could go on all day but the problem with politics is people dont think their team is bad.  The progressive team is Castro bad.  The conservative team is Taliban bad.


You do realize that Democrats aren't liberal/progressive, right? They're almost entirely conservative corporatists with authoritarian leanings. Republicans are EXTREMIST conservative corporatist authoritarians.

There is next to no liberal/progressive representation in the American government.
 
2014-01-23 11:12:29 AM  

bigsteve3OOO: In cooperation with conservative politicians. Single-payer did not go away as a result of the ACA. Insurance companies got a windfall from the ACA


Can you point to the windfall? Because there are quite a few people who have actually gotten checks from their insurance companies due to the new ACA rule that limits the amount of profit they can make from insurance, not to mention the fact that they have to cover pre-existing conditions and offer plans with mandatory minimum coverage. So, can you please point out where insurance companies benefit from all of this?

bigsteve3OOO: This is so stupid I cant even...  here is a start to get you up to speed on minimum wage


...really? Your citation is a TownHall opinion piece? How about some actual facts for once?
 
2014-01-23 11:13:50 AM  

bigsteve3OOO: ikanreed: bigsteve3OOO: Rationalize much?

Nope, not as far as I've seen.  Looks like you being crazy.  "rationalize" doesn't mean "speak rationally"

I was asking if camcraycray rationalizes much because that is the only way he can defend his political team.


Can you explain where the rationalization was? You have merely called me wrong and stupid without providing factual evidence as to why, and you still have yet to point out all of these liberal policies that favor corporations over common people.
 
2014-01-23 11:14:02 AM  

bigsteve3OOO: cameroncrazy1984: bigsteve3OOO: But they did not do single payer.  they gave money to insurance companies.

At the behest of IN In cooperation with conservative politicians. Single-payer did not go away as a result of the ACA. Insurance companies got a windfall from the ACA

bigsteve3OOO: They did stop coal but started fracking.

Who "started fracking"? Currently in liberal NY State there is a moratorium on fracking. Who started it? One state? really thats what you got?  Forgot about GE explain that.

bigsteve3OOO: Minimum wage is a smoke and mirror trick that helps no one.

[citation needed] - please explain why corporations are against it if it is a liberal policy and as such  according to your own assertion it benefits corporations and not the common person.   This is so stupid I cant even...  here is a start to get you up to speed on minimum wage

bigsteve3OOO: The top 1% never had it better than under president Obama.  Warren Buffet pays less taxes than ever.

So Obama never raised taxes on those making over $400,000 per year? Are you certain about that? Income only.  the 1% dont make any income.  but you knew that.  They are doing better than ever.  Google it. Oh you already knew that too.

Come on  bigsteve3OOO,you made a bold assertion that liberals favor policies that benefit corporations over common people. You could at least give more than a half-assed effort at backing it up. It's embarrassing.

Rationalize much?


static.comicvine.com
 
2014-01-23 11:14:55 AM  

bigsteve3OOO: ikanreed: bigsteve3OOO: Rationalize much?

Nope, not as far as I've seen.  Looks like you being crazy.  "rationalize" doesn't mean "speak rationally"

I was asking if camcraycray rationalizes much because that is the only way he can defend his political team.


And yet you linked a Townhall op ed. A site that does nothing but rationalize in defense of their political team.

You don't have mirrors where you live, do you?
 
2014-01-23 11:14:58 AM  
I would also like to note that liberal attempts to raise the capital gains tax have failed due to..get this...conservative politicians whom  bigsteve3OOOis totally sure favor policies that help the common man and TOTALLY NOT corporations.
 
2014-01-23 11:15:32 AM  

bigsteve3OOO: Rationalize much?


Holy shiat, dude. Could you try re-making that with letters cut out of magazines? It would look more sane.
 
2014-01-23 11:15:57 AM  
You did not seriously just link Townhall as a source, then accuse others of rationalizing?

Townhall is indeed a partisan mess.  A terrible site.   Walter Williams is a noted economist who writes good columns that line up nicely with my views on minimum wage.  Townhall has his columns nicely organized and indexed.  That is all.

One citation, and it's a TownHall link.  That and the bolding, adorable.

I got all excited and stuff.  In retrospect.....
 
2014-01-23 11:17:55 AM  

bigsteve3OOO: You did not seriously just link Townhall as a source, then accuse others of rationalizing?

Townhall is indeed a partisan mess.  A terrible site.   Walter Williams is a noted economist who writes good columns that line up nicely with my views on minimum wage.  Townhall has his columns nicely organized and indexed.  That is all.

One citation, and it's a TownHall link.  That and the bolding, adorable.

I got all excited and stuff.  In retrospect.....


You got so excited to finally give a lib what-for and all you could come up with was a TownHall opinion piece and a bunch of whining. Not one shred of proof of your original assertion that liberals favor policies that help corporations and conservatives favor policies that help the common citizen. What you did was give me an excellent platform to show you, and everyone else reading the thread, that liberals do favor policies that help the common citizen. So for that I thank you.
 
2014-01-23 11:19:48 AM  

bigsteve3OOO: You did not seriously just link Townhall as a source, then accuse others of rationalizing?

Townhall is indeed a partisan mess.  A terrible site.   Walter Williams is a noted economist who writes good columns that line up nicely with my views on minimum wage.  Townhall has his columns nicely organized and indexed.  That is all.

One citation, and it's a TownHall link.  That and the bolding, adorable.

I got all excited and stuff.  In retrospect.....


Maybe you should just try not talking for a while? If it gets you so excited that you make poor decisions on the internet...
 
2014-01-23 11:20:04 AM  

LordJiro: bigsteve3OOO: cameroncrazy1984: bigsteve3OOO: If only that were true.  Then yes. But it is not.

You do realize that Democrats aren't liberal/progressive, right? They're almost entirely conservative corporatists with authoritarian leanings. Republicans are EXTREMIST conservative corporatist authoritarians.

There is next to no liberal/progressive representation in the American government.


Liberals and progressives are not the same.  Progressives are bad as they use the government to force their agenda. Liberals are good as they allow you to take up their agenda freely or not your choice.

There are almost no liberals in today's government but there are quite a few progressives.
 
2014-01-23 11:21:33 AM  

bigsteve3OOO: Liberals and progressives are not the same.  Progressives are bad as they use the government to force their agenda. Liberals are good as they allow you to take up their agenda freely or not your choice.

There are almost no liberals in today's government but there are quite a few progressives.


I'm sure you'll come up with some brilliant American Thinker citation for this giant piece of crap now?
 
2014-01-23 11:22:49 AM  

bigsteve3OOO: ikanreed: bigsteve3OOO: Rationalize much?

Nope, not as far as I've seen.  Looks like you being crazy.  "rationalize" doesn't mean "speak rationally"

I was asking if camcraycray rationalizes much because that is the only way he can defend his political team.


Uh, no?  He was responding to your boatload of crazy, then you non-sequitured your way into a personal attack that also seemed a bit crazy.
 
2014-01-23 11:23:10 AM  
I really enjoy his argument that "progressives" are bad because they use the government to pass laws and stuff and for some reason you should be very mad at them for it!
 
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