Florida has cleared the way in which for its six-week abortion ban to take impact. However, in a separate ruling, the state’s supreme courtroom justices …
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Florida has cleared the way in which for its six-week abortion ban to take impact. However, in a separate ruling, the state’s supreme courtroom justices …
source
Antonin Scalia was a so-called textualist and originalist only when it suited his political dogma. He did not hesitate to ignore half of a constitutional phrase when it suited him. His strong personality had a bit if a camouflage effect on that habit.
Under SCOTUS the Constitution will be twisted and distorted into whatever their billionaire paymasters want it to be. It will transform from a document of freedom into a tool of oppression, all for money.
It baffles me that highly educated people simply do not look up the records, the letters, the diaries and the works the Founding Fathers left behind discussing the matter. In broad lines they saw the right to bear arms as necessary at a time when the FF looked at recent history and existing models to frame their new nation.
They based the concept of the army on the British model as seen in the English Civil War, raise regiments when required and have militias and trained bands, this was a very common model in the 17th century, one of the most famous paintings in the world, the Nightwatch is such a unit, raised by a guild to help protect their city and province in case of war or troubles.
Arming citizens and forming militias was cost effective for the Federal state that only needed to keep a navy and a skeleton framework for an army.
Why is there a second amendment, based on actual writings :
1) The fear that Washington might become a Caesar. He had trained soldiers ready to follow him, he could have grabbed power and establish himself as monarch. So states would need a militia to counter such a move. Some really feared he would set himself up permanently, knowing he was ambitious and had helped kickstart a whole war.
2) The states distrusted each other, there had been skirmishes and legal issues between each other and some of the larger states were eyeing up others for the profitable parts they might incorporate, so states were keen to keep control over the militia system. CF the Whiskey Rebellion and the later Toledo War.
3) There are problems with native raids and Barbary Pirates so they need means to respond to such issues.
4) In the south, militias were also slave patrols, required to keep the slave population under control. There is genuine fear that abolitionists might block the right to bear arms and federalize militias and make a slave rising inevitable. If ever there were fervent backers for the 2A, you can almost always find them in slave states for some weird reason.
5) Yes, there was concern the Redcoats might come back. The US might not be able to count on foreign intervention this time, so they needed lots of armed people ready to defend the state from not just the British, but the Spanish, the French etc.
The individual right is seen as akin to that of old English Yeomen, armed with a longbow, trained in its use and ready to be called up by the monarch. That's how they framed the whole thing. In other words it's an easy way to generate force of arms in a fledgeling nation that doesn't have much of standing army or police nor does it have the framework and budgets to do so, only when the US grows richer with a strong Federal government do we see this slowly emerge as the need arises. By "privatizing" force of arms under citizen militias with their own guns, the nascent US can save a buck or two. Lots of political decisions are meant to save money.
The US model is already antiquated by late 18th century models since Europe is moving towards massed armies of conscripts. The US discovers this when it goes to war with itself and the idea of "bring your own rifle" militias is already outdated by 1861 and most defintely out by 1865. But the US has little need for an army and it's not until it goes to war with large continental powers like Germany that they finally develop a true large standing army.
The real majority will shutter that court one day.
And yet he didn’t have the balls to interpret the plan text of the 14th amendment and write a dissent about keeping someone off the ballot who not only provided aid and comfort to an insurrection but led it.
Breyer, no one cares what you think. Quitter.
The Constitution calls it principles of word are actually mean yes citizens can bare arms. Please read the Constitution foundation principles of interpretation that's the each case based on the merits. However, it the others white ideology that misinterpretation and powers that's persuasion by others defeated the purpose. The unequal justice have destroyed this Nation! By not following the Written letter and Spirit for all American Citizen's.
Hmm… last interviews I watched were pretty useless.
He avoided anything direct.
I wonder what he gets paid for these useless interviews.
He’s educated, educated to both catch and use misinterpretation and proper interpretation, which is making some money to pay for and print his book.
Interesting.
@t.a.k.palfrey3882
I might have made an error reading your comment, but my knowledge seems to be the opposite of your opinion. I do not claim to be an expert or even more correct than you.
The Separation of Church and State is extremely important, BECAUSE our Founders knew, and all history I studied, shows, that the worst events in Human Civilization that occurred to humans were within countries that comingled Church with Government.
Sweden, Germany and the UK do not ring bells with me as examples of what you say.
The worst period in German history made church or religious devotion a risk, banned by the Third Reich.
Himmler was second in line after Hitler and required his two million Waffen SS OFFICERS (out of six million SS soldiers) to practice Satanism. We brought Werner von Braun here. A Major in the Waffen SS, he laughed at a Houston neighbor who invited him to church. Amused, he thought, "Americans believe God is real, like Santa Clause and the Easter Bunny."
Because of that church service, he became a Christian and lectured the rest of his life on his conversion. [It's a good thing he moved here. The American "Rocket Scientist," whom many thought more brilliant, was NOT fit to be Father of our Space Program. An open, flagrant and public member of the Satanic church of America, von Braun was a better figure to lead.
England is a Constitutional Monarchy, with a Parliament and the Church of England was established in the 16th Century SO HENRY VIII COULD DIVORCE Catherine of Aragon. Different religions are not prohibited there and the Church of England has no oversight or equivalent voting power in Parliament.
Sweden was a Christian monarchy and, in WWII, the Swedish Princess was wife of the Norwegian Crown Prince and the U.S. gave asylum to her and her children while the Crown Prince served in Norway's military.
When I think of separation of church and state, Ireland's Catholic church was far too embedded in the government. When the English moved the Protestant Scottish Clans to the province of Ulster in Ireland by 1707, centuries of religious conflict, killing and suffering began between Catholics and Protestants.
In 1307, the roundup and murder of the Knights Templar was a joint plot of French "King Philip, the Fair," (He was quite pretty, so he might as well have been named, "King Philip, the Girl") AND Pope Clement III. The sole reason was both of their avarice over the Templars' wealth… Philip and Clement were two broke dudes.
Trump and the Heritage Foundation's Project 2025 expressly states this country will be made a Christian nation… the little problem there is that ONLY 20% of our population is White male Christians, BUT they and the extra 5% of non Christian White males control over 95% of leadership/ management of both government and private sector top jobs.
One tenet of 2025's plan (after removal of reproductiverights, it gets worse for women) is a featured goal of that 2025 plan that states, quite clearly, "Shun all single women."
In my demographic research, women outpopulated men in 41 states.
I think women will win this election for Biden. Women (not Trump women) are damned fed up with this archaic REVERSAL OF WOMEN'S CIVIL RIGHTS, starting with one in existance 50 years. I KNEW THIS WAS NOT A DECISION ON SIMPLY ABORTION and I told many that this is not all that is in-store for us.
I so wish we had Justice Breyer on SCOTUS! Thank you for a thoughtful and inspired read on the subject of the Supreme Court!
We can ignore the Supreme Court until they get their shit together!
WE TRULY NEED TERM LIMITS FOR SCOTUS JUSTICES — THEY ARE LIVING 40-50 years longer than when the idea of lifetime appointments looked more like TEN YEARS INSTEAD!
The average lifespan in the USA in 1776 was 34+/- years of age when appointed. In the history of SCOTUS, only two Supreme Court Justices were younger than age 34 when they took office — does that mean their lifetime appointment would be 2 years? All the rest of the Supreme Court
Justices were age 36 and older which means their life times would have exceeded the average for that first SCOTUS!
If we compare current "Life Time Terms" to the first SCOTUS's "Life Time Terms", this context tells a much different story. SCOTUS appointments would be more like 10 year terms!
To grant Supreme Court Justices appointments for their lifetimes wouldn't give them the paltry two years when the population died young — if Justices were appointed at age 32 like the first two Justices, they could live out lifetimes averaging 79 or 83 years of age.
I do not believe it was ever the intent to allow a Justice to stacey on the bench for 50+/- years! Nope! People didn't live that long, so "a life time" didn't seem terribly long!
The current arguments have nothing to do with “textualism”. The supreme court is now a political institution and is part of a “masterplan” to overturn society as we know it. The division of power no longer practically can prevent damage.
A brilliant, extremely wise and wonderful mind. Thanks for interviewing Stephen Breyer.
Conservatives seem to respect the Supreme Court very much. Weird how only Democrats are butt hurt about it…😂😂
The founders had no text to excuse their decisions, they had to act based on their values. If we don’t give ourselves the freedom to follow our own values we have no freedom at all, and are simply slaves to a handful of justices who get to tell us what some words “really” mean, to them.
Crazy they flipped the 14th amendment on its head to cement the past discrimination into society. It’s a nonsensical opinion. Call affirmative action reparations, and what is their argument against it? The MaGA court are intellectually dishonest because they aren’t stupid but their arguments are uniformly stupid, which tells you their positions are what is actually stupid.
Breyer nothing to say he’s a traitor. He left office so that Trump could put in the replacement for him in 2022 ——reason is Breyer son was involved in the banking industry.. the. justice didn’t want his son to get tangled up with Trump and his money laundry —The son was giving money to Trump when no one else would because Russia was giving it to the bank to funnel to Trump., but as usual, nothing will happen
SCOTUS thinks they get to decide everything for every American. Up can be down, left can be right, and injustice can be justice.
Wow! Thank you!
If Alito has his way they'll just toss the whole thing out altogether.
a constitution no one wants…. that is a sobering thought.
OMG it was a pleasure to listen to Justice Brayer. If only we had more Judges and Justices that think as he does. ❤
Remember! Stopping the Nazi Holocaust was a moral choice and we imposed OUR morality on a soverign nation both during and after WWII. If we had seperated our morality from state decisions, we could have avoided so many American and Axis casualties. We can be personally opposed to tge Nazi Holocaust, but….
See how the Secular Humanist game works, boys and girls? 🤪
Justice Breyer was one of our greatest hopes for a Just Court. He's so intelligent and nonsensical and understands that changing times cannot 18:36 be ruled by textualism. Conforming to the current state of the modern world requires that Pragmatism and flexibility are necessary to rule a changing nation
Loved listening to him
6:30 What part of “shall not be infringed” does he not understand?
Older people like the Justice are full of wisdom. Something the younger people should take into account.
Saying “no one” is a generalization. You would have to ask everyone about their opinion on the Constitution in order to say “no one”. The Constitution wasn’t designed to be a popular document. It was designed to govern the nation and protect our natural rights. Breyer wakes up every day excited because he can’t wait to hear what he has to say.🙄
So sorry he retired, we need real level heads and not religious zealots on the court 😢
That abortion access map is very frightening considering it’s only been 1 year since Dobbs! Protect Women’s Rights and Healthcare Americans! Have you seen Handmaid’s Tale, because This is how you get Handmaid’s Tale!
I can see having 9 justices like this, regardless of their political beliefs, would end up with an interpretation of the Constitution we all WOULD like.
SCOTUS risks creating a situation where no one trusts a corrupt, racist, ideologically hidebound Court that cares more about words than about people.
Justice Breyer is a extremely wise man. I miss him in the Supreme Court.
Citizens United was passed with no texturalism or originalism. And should be overturned. They discarded "well regulated militia" and 14-3 insurrectionists disqualification
I think some people are paying the Supreme Court alo of money to get the Costitution they want.
Moscow's
Acquisition of
Governmental
America
……Do Not let this take-over happen. VOTE BLUE!! Do Not let this Democratic Republic fall into the hands of Fascist. VOTE BLUE by those whose never Voted before, as the alternative is that the votes will become meaningless as in Russia. Is this want you desire?
He gives me hope that someday our court system will actually defend the people instead of the powerful. It’s a nice dream.
It's very easy even not as a historian to get that information. You have staff members.Also, you have the most easiest access to any informatio You could possibly want than in any other time.In human existence it's all available at your fingertips. You could also easily call on the phone.To many different museum curators and historians all over the United States, Who could answer those questions for you. So saying that you're not a historian.You're just a judge is not an excuse for not knowing the historical context of the things you're supposed to be Is weighing in on.
If SCOTUS is abiding by Originalist Ideology, how is it they ruled against Section 3 of the 14th Amendment? The language is clear. Trump engaged in an Insurrection. And many of those whom he incited were prosecuted, convicted and sent to prison, while Trump has not yet been held accountable and even left on the Ballot for the 2024 Presidential Election. So the SCOTUS wants to enable Trump? Even given his plans to overturn the American Republic and institute the first Dictatorship in America? Shame on SCOTUS and Trump's Supporters.
Religion and politics are a bad mix.
Republicans have dumbed-down SCOTUS, and it seems they're not finished. If Trump is returned to the WH, it will get even dumber!
Brilliant
The legal mess now displayed in the courts of America, especially the horror/ mistake of the reversal of Roe V Wade, is a result of a country that relies on a ‘CONSTITUTION’, written only a few hundred years ago, by the revered ‘Founders’!
As an Australian, I am proud and thankful, that my country’s laws, are based on the MAGNA CARTA, written in the 13th century, giving sensibility, equal fairness, and a refinement of laws, and a true DEMOCRACY, which SERVES THE MAJORITY OF THE PEOPLE!
America….you pay far too much for your boastful’ ‘Freedom of Speech’!!
The justices have already made the constitution a document not worth fighting for! It no longer supports one citizen; one vote. Women are not equal enough to determine their choice of health care! Screw the f…ing Justices.
Why the hell did you retire early, Justice Breyer? Your presence has been sorely missed, and has led to our present crisis at SCROTUS.
I applaud Justice Breyer for focusing on this issue. Texualism is a purposeful invention of modern conservatism to achieve their political goals. Roe is just one example. We need someone with Breyer’s gravitas to expose textualism for what it is.
The conditions under which SCOTUS can rule on the constitution need to be codified by an amendment and not left to the Marshal Court era fiat. To overrule itself, as in the Dodd's decision, should require a UNAMINOUS court. Stare Decisis needs to be taken seriously and not be a joke.
The man that retired so Trump could appoint a replacement? He has concerns?
That's the goal of the SCOTUS. The preferred outcome for the Federalist society spawn, the textualist (lol), etc. They want the language & vision of the constitution bent, twisted and re-defined to meet their desires. Replaced with nonsense like the "unitary executive" (aka; monarchy), corporate "person-hood" rights (except when it comes appropriate incarceration for crime; then only fines) and the purchase of politicians (formally called bribes now called "speech") . In just the one generation it will take for the far right court to finally expire any americans' awareness of a constitution will be left to archeologists.