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"Originalism"..............


Jim Naseum

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I repeat this, because it is a powerful reminder of what modernist might mean in political sciences:

 

International human rights experts actually speak of three "generations" of rights. First generation rights are political and civil, and are usually negative rights. Second generation rights involve the government's socio-economic obligations, and are frequently positive rights. Finally, third generation rights are exemplified by the right to a clean and healthy environment, and are commonly called "green" rights.

 

Such a view was unknown by Enlightenment thinkers of the 18th century. 

 

Baloney!  Study the common law of trespass and nuisance.  It was known well before the Enlightenment thinkers were even born.  It is quite a stretch to claim nobody ever considered what might happen when, "Your chocolate is in my peanut butter!"

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Here's the funny thing, as I have pointed out before:

 

The government is in the hands of an oligarchy?  Check!

 

The oligarchy is working against the interests of the common worker?  Check!

 

Originalism attempts to restrict "government as a tool" of the oligarchs? Check!

 

Workers against Originalism?  Hmmm.....

 

Something doesn't connect.

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From Wiki:

 

The tort of nuisance has existed since the reign of Henry III, with few changes, and most of them merely technical.[5] It originally came from the Latin nocumentum, and then the French nuisance, with Henry de Bracton initially defining the tort of nuisance as an infringement of easements.[6] The tort was in line with the economic status quo of the time, protecting claimants against their neighbours' rights to develop land...

 

https://en.wikipedia.org/wiki/Nuisance_in_English_law

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Haha. You can spend an hour (or less) reading about the South African Constitution and come out with knowledge that it works better than ours.  Haha.

I already said I couldn't judge the outcome. I was challenged to find a better blueprint. I found one I like better. And, I said exactly why I like it better.  

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I repeat this, because it is a powerful reminder of what modernist might mean in political sciences:

 

International human rights experts actually speak of three "generations" of rights. First generation rights are political and civil, and are usually negative rights. Second generation rights involve the government's socio-economic obligations, and are frequently positive rights. Finally, third generation rights are exemplified by the right to a clean and healthy environment, and are commonly called "green" rights.

 

Such a view was unknown by Enlightenment thinkers of the 18th century. 

 

Baloney!  Study the common law of trespass and nuisance.  It was known well before the Enlightenment thinkers were even born.  It is quite a stretch to claim nobody ever considered what might happen when, "Your chocolate is in my peanut butter!"

 

 

Ok, so where in our constitution is the right to a clean environment?

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Here's the funny thing, as I have pointed out before:

 

The government is in the hands of an oligarchy?  Check!

 

The oligarchy is working against the interests of the common worker?  Check!

 

Originalism attempts to restrict "government as a tool" of the oligarchs? Check!

 

Workers against Originalism?  Hmmm.....

 

Something doesn't connect.

 

What doesn't connect is your analysis. O'ism embraces the status quo. The Founders were the Oligarchy of the time. 

 

For example, look at how poor the representation is? That dreadful representation is a tool of the establishment, the elites who have deplored democracy, deplored factions, deplored special interests (populism) forever. 

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From Wiki:

 

The tort of nuisance has existed since the reign of Henry III, with few changes, and most of them merely technical.[5] It originally came from the Latin nocumentum, and then the French nuisance, with Henry de Bracton initially defining the tort of nuisance as an infringement of easements.[6] The tort was in line with the economic status quo of the time, protecting claimants against their neighbours' rights to develop land...

 

https://en.wikipedia.org/wiki/Nuisance_in_English_law

By comparison, the modern Constitution of S.A>

 

Chapter 2 is a bill of rights which enumerates the civil, politicaleconomic, social and cultural human rights of the people of South Africa. Most of these rights apply to anyone in the country, with the exception of the right to vote, the right to work and the right to enter the country, which apply only to citizens. They also apply to juristic persons to the extent that they are applicable, taking into account the nature of the right. The rights enumerated are:

Section 36 allows the rights listed to be limited only by laws of general application, and only to the extent that the restriction is reasonable and justifiable in "an open and democratic society based on human dignity, equality and freedom."[10]

Section 37 allows certain rights to be limited during a state of emergency but places strict procedural limits on the declaration of states of emergency and provides for the rights of people detained as a result.

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One day it's, "Government is bad, evil... a tool of oligarchs to oppress working people."

 

The next day it's, "The government's powers should not be limited by antiquated restrictions in the Constitution."

 

I wonder what tomorrow will bring.

 

Are you confused then between "the government" "the Constitution" and "the oligarchy?"

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I think it is far simpler than is being made out. Our Founders ratified a Constitution permitting slavery, and no suffrage for women. That alone, with no more analysis, defines an old set of ideas by men who could think no better. A modern Constitution, from modern thinkers, would have no such hurdles to over come. 

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I think it is far simpler than is being made out. Our Founders ratified a Constitution permitting slavery, and no suffrage for women. That alone, with no more analysis, defines an old set of ideas by men who could think no better. A modern Constitution, from modern thinkers, would have no such hurdles to over come. 

 

The Constitution, as amended, is the law. You are criticizing something which was long ago superseded.

 

Anyway, if you are unable to see the inconsistency in your various positions concerning restrictions on government and conspiracy-theories, then, there is little left to argue.  I am not in your shoes, but when I spot myself being inconsistent or confused, I tend to admit it.  It keeps me open-minded and capable of learning.

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I think it is far simpler than is being made out. Our Founders ratified a Constitution permitting slavery, and no suffrage for women. That alone, with no more analysis, defines an old set of ideas by men who could think no better. A modern Constitution, from modern thinkers, would have no such hurdles to over come.

The Constitution, as amended, is the law. You are criticizing something which was long ago superseded.

Anyway, if you are unable to see the inconsistency in your various positions concerning restrictions on government and conspiracy-theories, then, there is little left to argue. I am not in your shoes, but when I spot myself being inconsistent or confused, I tend to admit it. It keeps me open-minded and capable of learning.

Again with the conspiracy theories? Where do you get this stuff?

I haven't mentioned any conspiracy here. But I did demonstrate easily that old is not virtuous when it comes to blueprints for a nation.

Whenever you are flummoxed you resort to an escape hatch of yelling "conspiracy theory." Find the conspiracy theory in this thread and quote it.

Sent from my SM-T330NU using Tapatalk

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From Wiki:

The tort of nuisance has existed since the reign of Henry III, with few changes, and most of them merely technical.[5] It originally came from the Latin nocumentum, and then the French nuisance, with Henry de Bracton initially defining the tort of nuisance as an infringement of easements.[6] The tort was in line with the economic status quo of the time, protecting claimants against their neighbours' rights to develop land...

https://en.wikipedia.org/wiki/Nuisance_in_English_law

By comparison, the modern Constitution of S.A>

Chapter 2 of the Constitution of South Africa

Chapter 2 is a bill of rights which enumerates the civil, political, economic, social and cultural human rights of the people of South Africa. Most of these rights apply to anyone in the country, with the exception of the right to vote, the right to work and the right to enter the country, which apply only to citizens. They also apply to juristic persons to the extent that they are applicable, taking into account the nature of the right. The rights enumerated are:

Section 36 allows the rights listed to be limited only by laws of general application, and only to the extent that the restriction is reasonable and justifiable in "an open and democratic society based on human dignity, equality and freedom."[10]

Section 37 allows certain rights to be limited during a state of emergency but places strict procedural limits on the declaration of states of emergency and provides for the rights of people detained as a result.

Gee, we eventually fixed slavery and women's suffrage. I wonder how long it wolf take to get to this Bill of Rights?

Sent from my SM-T330NU using Tapatalk

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I think it is far simpler than is being made out. Our Founders ratified a Constitution permitting slavery, and no suffrage for women. That alone, with no more analysis, defines an old set of ideas by men who could think no better. A modern Constitution, from modern thinkers, would have no such hurdles to over come.

The Constitution, as amended, is the law. You are criticizing something which was long ago superseded.

Anyway, if you are unable to see the inconsistency in your various positions concerning restrictions on government and conspiracy-theories, then, there is little left to argue. I am not in your shoes, but when I spot myself being inconsistent or confused, I tend to admit it. It keeps me open-minded and capable of learning.

Again with the conspiracy theories? Where do you get this stuff?

I haven't mentioned any conspiracy here. But I did demonstrate easily that old is not virtuous when it comes to blueprints for a nation.

Whenever you are flummoxed you resort to an escape hatch of yelling "conspiracy theory." Find the conspiracy theory in this thread and quote it.

Sent from my SM-T330NU using Tapatalk

 

 

"n this thread?"  Why does it have to be in this thread?  If it's not in this thread, does it mean you no longer believe it?

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