Stephen Breyer - Activist Judges and Judicial Restraint

[ccaammiiittoo1]

I might also also add that Wiki as well as other historians, for whatever reasons, seem rather loathe to probe the background of Alexander Hamilton's mother. Wiki simply states she was born on Nevis, which is peculiarly succinct coming from a source known for its information. Professor Ron Chernow did not help historical matters relevant to Hamilton's mother in his otherwise masterfully work, "Alexander Hamilton." It's rather painful when historians "omit" to chronicle history.

[ccaammiiittoo1]

It's rather sad to read that the justice run afoul of such an hostile episode on an island said to be highly well educated. Moreover, the island is a repository of interesting history relevant to the US. For example, Alexander Hamilton, one of the Founding Fathers, was born there. But for his early demise in a now immortal (irony mine) duel with Aaron Burr, Hamilton's influence on the future political trajectory of US history might well have exceeded that of Thomas Jefferson himself.

[TechnoDevotee]

Justice Breyer, you are my new hero!

[cultofedward]

If Ya Dont Rule Acording To Law...The Constitution...You are a treasonous tyrant...The People Will Have Thier Day!!!

[writersblock26]

Thank you for posting this, ForaTv.

[medesdaddy]

Justice Breyers is one of the reasons that I am so happy that President Clinton was elected.

[AbercrombieFitch2112]

Rules known in advanced and applied as written is a major restriction to those like justice breyer who want surrogate decision-making by empowered elites

[LARams52]

and you also know NOTHING about about Constitutional Law or the American political system.

[LARams52]

hey tncdel, you're an idiot.

[namtesyalp]

breyer admitted that the constitution is outdated.We have amendments to change that.untill amendments come about,people like breyer have to follow it,even if they dont agree with it

[BOOLsheet]

if a judge thinks the death penalty is unconstitutional, how can that be anything but activist?

[tncdel]

Another area in which judges are wrong is when they assert that a woman has the right to murder her innocent unborn baby. And quite often it is no more a matter than saying a woman's right to not have her social life cramped by having to find a babysitter is more important than THE RIGHT TO LIFE, which should be deemed the most important right anyone could be said to possess, when balancing the scales of justice.

[tncdel]

The one thing that bothers me are judges who create rights not found or implied in the Constitution.

For example, the illegals are NOT the "We the People" intended by our Constitution. Accordingly, they should NOT be given Due Process or other constitutional rights, only SUMMARY JUSTICE, same as military tribunals dispense.

The A.C.L.U. or anyone else should not be allowed to file lawsuits on behalf of illegals, lacking legal standing, since the constitution of Mexico, etc .has no jurisdiction

[olivemike81]

Conservatives only complain about activist judges when they rule against what they want.

[piotrus88888]

He's incredibly charismatic. I fully agree with Justice Breyer.

[shellieida]

The Constitution is to be interpreted as the Fore Fathers intended!

[UdallIn72]

They should have been more specific!

[olivemike81]

@UdallIn72 They're vague on purpose to allow for broad definitions of freedom.

[cali1989dude]

The founding fathers intentionally made the language of the Constitution vague so that it could be adapted to fit the needs of a changing society.

[JonathanGiraldo99]

There are many issue not addressed by the constitution. As matter of fact activist judges promote the study of the Federalist papers, diaries of the members of the continental congresses, and such documents to obtain a more clear less ambigous idea of what the founding fathers intended for us. The founing fathers didn't define life or marriage, therefore, had they had the knowledge we humans have obtained in this last 300 years, what would they suggest? This is what activist judges do.

[olivemike81]

When the bill of rights was being created Thomas Jefferson was hesitant about creating a document that would bind future generations to his generation's views on morality and values. Also, they're called "Amendments" for a reason. We're supposed to ammend them when they don't work anymore!!!! Besides, if we interpeted the Constitution as the founding fathers did we'd still have slavery in this country. Think for yourself!!!!

[wyrmguard]

@olivemike81 the original draft for the 13th amendment

[danielcooper1000]

We can never find justice at the hands of corrupt judges. (See YouTube videos) Judge to Judge on Illegal Payments to Judges / Evil Triangle of Court Corruption / Richard Fine / Dr Shirley Moore slush funds /SBX 211. To end this title wave of corruption in our country must start with the corrupt judges. We can not bring evidence of corruption to corrupt judges. Los Angeles Superior Court judges are illegally and unconstitutionally taking 50,000.00 each for a total of 23 million per year.

[vergeharget]

Stephen Breyer is one of the most impressive of all nine justices.

Itzik Basman

[themole90]

Fuck this. You should not read the document based on what others want. Activist judges are a HUGE problem, republican or democrat. Slavery was always illegal. The constitution clearly said that ALL men are created equally. Government segregation and slavery were willful acts of ignoring what was obvious. The 14th amendment does not nothing that the constitution didn't already do but force those ignoring it to follow it.

[Hooya2]

You're a fucktard. The Declaration of Independence said all men were created equal. It does not say that anywhere in the Constitution.

[etsneroj]

Hooya2 is right, despite being the kind of person who uses words like "fucktard." The constitution condones slavery in Art I, Sec.2, Cl.3 (determing that congressional districts will be based on population "by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons."). Thank God for the amendment process.

[themole90]

Ok, you got me. Hooya2 should have been more tactful. But I am wrong, it was the declaration, not the constitution itself. But I would submit it should have been crystally clear that blacks/women were to be equal in the eyes of the law. The 14th amendment, while neccessary, was truly redundtant.

[etsneroj]

I agree with you in a moral sense. But in a legal sense, it was not redundant because the Declaration was not a binding legal document (it was a message to Britain). And even it were, the Constitution superceded it with a legally binding recognition of slavery. It took a war and the 13th, 14th and 15th amendments to give legal effect to the promises in the Declaration.

[understandtheNWOplan]

"OPERATION NORTHWOODS" The Joint Chief of staff drew-out plans to 'stage attacks' on AMERICAN soil (involving hi-jackings and explosions) soley to blame Communist to provoke war with Fidel Castro . .. LOOK IT UP.. GOOGLE, WIKIPEDIA.. etc etc

YES, you READ CORRECTLY! I SAID THE GOVERNMENT HAS PLANNED TO BLOW 'US' UP AND BLAME IT ON SOMEONE JUST TO GO TO WAR WITH THEM. this was during the KENNEDY administration!!!

RON PAUL REVOLUTION 2008!!

[right4us]

I disagree. This judge votes to take people's land re: Kelo (vs New London) - wikipedia it. Also, thinks its ok to consider foreign court decisions to decide ours, ect.. he's a globalist, a left wing activist weakening this country's security. Re: vote count - there were repeated vote counts, 3 or 4. Enough is enough - and he is a dem appointee, what do think he's gonna say??

[etsneroj]

Wikipedia it? You need to do better than that if you hope to understand cases like Kelo and Bush v. Gore.

[right4us]

et. I understand it well enough. The wiki ref was for a quick ref, and verifiable info as legit case. The case is clearly defined by where the liberals agree that our govt should have more power to confiscate your property for mutual benefit of others, vs the more conservative who sided with individual empowerment. The liberals won, just ask the homeowners involved. Re Gore vs Bush: I guess multiple recounts are not enough. Just keep going through select areas until you get your desired outcome.

[Hooya2]

Most of the civilized world has lower crime rates and better education than America does. Maybe stealing some ideas from them might be a good idea?

[dollaresque]

He is awesome and I'm glad we have strong dedicated people who are actually committed to the success of this country. I remember how flabbergasted he was after the Supreme Court, without any precedent, stepped in to halt the vote count and decide the Presidency. Maybe a bad decision then, but over the years, the Court has moved us forward on many issues & thank you Breyer for your service.