Comments on: Hart, Dworkin, and Trump http://bleedingheartlibertarians.com/2017/06/hart-dworkin-trump/ Free Markets and Social Justice Thu, 16 Nov 2017 23:32:00 +0000 hourly 1 https://wordpress.org/?v=4.8.3 By: Steve Smith http://bleedingheartlibertarians.com/2017/06/hart-dworkin-trump/#comment-80728 Sat, 01 Jul 2017 07:34:00 +0000 http://bleedingheartlibertarians.com/?p=11882#comment-80728 Philosophically the US Constitution is an anti invasion charter, property rights charter and restraint of government charter, that’s all been disregarded in favor of trillions in bribery.

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By: Steve Smith http://bleedingheartlibertarians.com/2017/06/hart-dworkin-trump/#comment-80727 Sat, 01 Jul 2017 07:30:00 +0000 http://bleedingheartlibertarians.com/?p=11882#comment-80727 It’s a wildcard for not philosophical reasons, John Roberts, Anthony Kennedy, Ruth Bader Ginsburg, Sonia Sotomayor, Stephen G. Breyer, Samuel A. Alito, Elena Kagan are all direct apointees of Deep State Bolchevick agent Jamie Gorelick and her “Presidential beards”, Iran agent since at least 2004. https://www.justice.gov/opa/pr/schlumberger-oilfield-holdings-ltd-agrees-plead-guilty-and-pay-over-2327-million-violating-us Gorelick is the head of America’s Blackmail-Bribery network pushing criminal and Islamic and Communist invasion.

And theyve been exposed, and Putin is not on their team, and large portions of the US military are becoming aware, my guess is most Supremes will die soon sans Kagan and Gorsuch, the next Gen deep state Commies.

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By: Peter from Oz http://bleedingheartlibertarians.com/2017/06/hart-dworkin-trump/#comment-80560 Wed, 28 Jun 2017 06:40:00 +0000 http://bleedingheartlibertarians.com/?p=11882#comment-80560 There may be guru professors of jurisprudence and legal philosophy everywhere, but as I said in general law academics in other common law countries are not held in such esteem as they seem to be in the US.
I’m wondering whether this because your senior lawyers who are not on the bench don’t get a title, like Queen’s Counsel to bandy about. A lot of them become professors instead

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By: Peter from Oz http://bleedingheartlibertarians.com/2017/06/hart-dworkin-trump/#comment-80558 Wed, 28 Jun 2017 06:29:00 +0000 http://bleedingheartlibertarians.com/?p=11882#comment-80558 Many members of the chattering classes and their camp followers claim that it is essential that our political leaders must be a different breeed to the glad-handing, mealy mouther, baby-kisser from central casting whom we all conjure up in our mind’s eye when the ”politician” is mentioned. But taken all in all the left’s idea of ”different” is very superficial. Most of the politicians that the liberal/left provides us are ready to speak in the same old language that covers in banal platitutudes the slow death of common sense.
That’s why they hate Trump so much. He actually is different. He’s not going to dance the dance in the way it has been danced in the past.
That unsettles people of all political stripes. It’s as if an old telly programme, not a favourite, but something you’ve watched now and then for many years, has suddenly changed from a sci-fi serial to a cooking show.

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By: Farstrider http://bleedingheartlibertarians.com/2017/06/hart-dworkin-trump/#comment-80544 Tue, 27 Jun 2017 16:53:00 +0000 http://bleedingheartlibertarians.com/?p=11882#comment-80544 “The EC bans the government to favor any religion in this country

Apart from ipse dixit, what basis do you have for the qualifier in italics above? Because the text plainly does not support it. Also, insofar as the Muslim ban hurts American Muslims (like the plaintiff in the Hawaii case), it is favoring a religion in this country. So even if your qualifier had some basis in the text (and it does not), you are still wrong.

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By: Fernando Teson http://bleedingheartlibertarians.com/2017/06/hart-dworkin-trump/#comment-80539 Tue, 27 Jun 2017 13:36:00 +0000 http://bleedingheartlibertarians.com/?p=11882#comment-80539 Guru law professors are everywhere.

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By: Fernando Teson http://bleedingheartlibertarians.com/2017/06/hart-dworkin-trump/#comment-80538 Tue, 27 Jun 2017 13:35:00 +0000 http://bleedingheartlibertarians.com/?p=11882#comment-80538 I have to agree. I would add that not just Dworkin, but positivists, too, play the guru’s game. Mainstream legal interpretation is something like: “My preferred outcomes can always be traced to authoritative materials. No exceptions.” This sounds like the Delphos oracle, not reasoned argument.

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By: Fernando Teson http://bleedingheartlibertarians.com/2017/06/hart-dworkin-trump/#comment-80537 Tue, 27 Jun 2017 13:32:00 +0000 http://bleedingheartlibertarians.com/?p=11882#comment-80537 Peter:
I am against the courts’ ignoring precedents that support the constitutionality of the EO. But I object to the EO as a matter of policy.
On the other hand, I woud be more comfortable with a court’s overturning those preceedents (and thus invalidating the EO) on the grounds that a btoader, morally infused understanding of the Constitution allows them to do so.

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By: Sean II http://bleedingheartlibertarians.com/2017/06/hart-dworkin-trump/#comment-80536 Tue, 27 Jun 2017 13:10:00 +0000 http://bleedingheartlibertarians.com/?p=11882#comment-80536 “…allowed to consider the President’s motive, based upon his pre-election utterances.”

Which makes it pretty obvious what’s really going on here: the court’s are enforcing one of our society’s most important and most consistently bi-partisan norms, the ban on political candor.

Trump said “Muslim” when he meant Muslim. You’re not supposed to do that. If Hillary had said “extremists” before banning a bunch of Muslims, it would’ve been no problem. If Bush had said “evildoers”, no problem. If a Republicrat hybrid grown in a beltway laboratory had said “enemies of tolerance”, no problem.

This thing only made it to court because the language of the political class needed defending, and the usual guardians – elected officials, media, think tankers – had so notably failed in their previous attempts to protect it.

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By: Sean II http://bleedingheartlibertarians.com/2017/06/hart-dworkin-trump/#comment-80528 Tue, 27 Jun 2017 11:10:00 +0000 http://bleedingheartlibertarians.com/?p=11882#comment-80528 Now I am become Foley cath, destroyer of tropes.

Each bad argument of course being lovingly modeled on bad arguments form the open borders collection.

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