Trump: I will appoint Justices “. . . who will uphold our laws and our Constitution."

[johnwk]

Trump will nominate his pick for the Supreme Court next week! Let us hope Donald Trump's selection is one who will follow the most fundamental rule of constitutional construction which is stated as follows:


The fundamental principle of constitutional construction is that effect must be given to the intent of the framers of the organic law and of the people adopting it. This is the polestar in the construction of constitutions, all other principles of construction are only rules or guides to aid in the determination of the intention of the constitution’s framers.--- numerous citations omitted__ Vol.16 American Jurisprudence, 2d Constitutional law (1992 edition), pages 418-19 - - - Par. 92. Intent of framers and adopters as controlling.


For far too long we have had judges and Justices who not only have ignored and subverted the text of our written Constitution, but likewise have ignored the documented "legislative intent" of our Constitution as stated during its framing and ratification which gives context to its text.


Those who reject and ignore abiding by the intentions and beliefs under which our Constitution was agree to, as those intentions and beliefs may be documented from historical records, wish to remove the anchor and rudder of our constitutional system so they may then be free to “interpret” the Constitution to mean whatever they wish it to mean. THIS KIND OF TYRANNY MUST END!


JWK





The whole aim of construction, as applied to a provision of the Constitution, is to discover the meaning, to ascertain and give effect to the intent of its framers and the people who adopted it._____HOME BLDG. & LOAN ***'N v. BLAISDELL, 290 U.S. 398 (1934)

[nobody's_hero]

Judge Nap PLEASE

[Anti Federalist]

Judge Nap PLEASE

http://www.picgifs.com/reaction-gifs/reaction-gifs/yes/yes050.gif

[69360]

He will appoint great justices, the best justices ever appointed in the history of appointing. Huge justices.

[CPUd]

Erickson said they offered it to Ted Cruz and Ted turned it down because he wanted to stay in the Senate.

[AZJoe]

https://i.imgflip.com/1dwkkl.jpg

[presence]

Judge Nap PLEASE

5575

[johnwk]

From what I am hearing the choice has been narrowed down to 10th Circuit judge Neil Gorsuch and 3rd Circuit judge Thomas Hardiman.

JWK



"The public welfare demands that constitutional cases must be decided according to the terms of the Constitution itself, and not according to judges' views of fairness, reasonableness, or justice." -- Justice Hugo L. Black ( U.S. Supreme Court Justice, 1886 - 1971) Source: Lecture, Columbia University, 1968

[presence]

From what I am hearing the choice has been narrowed down to 10th Circuit judge Neil Gorsuch and 3rd Circuit judge Thomas Hardiman.

JWK


also Bill Pryor, 54, of Alabama sits on the 11th circuit court of appeals

https://www.theguardian.com/law/2017/jan/25/trump-supreme-court-nominee-list-gorsuch-hardiman-pryor

[presence]

Hardiman

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


He was part of the firm of Skadden, Arps, Slate, Meagher & Flom (https://en.wikipedia.org/wiki/Skadden,_Arps,_Slate,_Meagher_%26_Flom) in Washington from 1989–1992. From 1992–1999, he practiced with the Pittsburgh firm of Titus & McConomy, first as an associate, and then from 1996–1999 as a partner. From 1999–2003, he was a partner in the law firm of Reed Smith (https://en.wikipedia.org/wiki/Reed_Smith), also in Pittsburgh. His practice consisted mainly of civil and white-collar criminal litigation.

noteworthy decisions:

"police officer was immune from suit (https://en.wikipedia.org/wiki/Qualified_immunity) because there is no clearly established First Amendment (https://en.wikipedia.org/wiki/First_Amendment_to_the_United_States_Constitution) right to videotape police officers during traffic stops"

"uphold under the Second Amendment (https://en.wikipedia.org/wiki/Second_Amendment_to_the_United_States_Constitution ) a New Jersey (https://en.wikipedia.org/wiki/New_Jersey) law requiring residents to make a showing of "justifiable need" to receive a license to carry a handgun in public."

"jail policy of strip-searching (https://en.wikipedia.org/wiki/Strip_search) all arrestees does not violate the Fourth Amendment (https://en.wikipedia.org/wiki/Fourth_Amendment_to_the_United_States_Constitution )'s prohibition of unreasonable searches and seizures"

Pryor

https://en.wikipedia.org/wiki/William_H._Pryor_Jr.


Pryor worked as a private attorney from 1988–1995, serving as adjunct professor of maritime law at the Cumberland School of Law (https://en.wikipedia.org/wiki/Cumberland_School_of_Law) at Samford University (https://en.wikipedia.org/wiki/Samford_University) from 1989–1995.

notable Pryor quote:

"[the defendant] did not prove [his] innocence and the state does not doubt his guilt."

notable Pryor decisions:

"Pryor rejected an as-applied challenge by Orlando Food Not Bombs to a municipal ordinance that restricted the frequency of its feedings of homeless persons"

"United States v. Phillips" [cops can search your home for firearms if you're a convicted felon and you don't pay your child support]


I'm pretty meh on Pryor and Hardiman; I don't see "original intent" , "libertarian outlook", or "small government".



Gorsuch
of those mentioned he would be closest to "the liberty pick" also the best Scalia replacement

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


From 1995–2005, Judge Gorsuch was in private practice with the Washington, D.C. law firm of Kellogg, Huber, Hansen, Todd, Evans & Figel

Kellogg, Huber, Hansen, Todd, Evans & Figel = white collar criminal defense & "intellectual property"
http://www.khhte.com/

this said Gorsuch does have the most Scalia-like mindset of the three

more on that here:

http://www.scotusblog.com/2017/01/potential-nominee-profile-neil-gorsuch/


Gorsuch departs from Scalia on "chevron" which, in my eye, is an improvement over Scalia in the direction of individual liberty as perceived by courts and peers; and away from regulatory state powers.


Gorsuch made real waves in the normally sleepy world of administrative law by advocating the end of a doctrine that has been tied closely to the functioning of the administrative state and the executive branch since the mid-1980s — a doctrine called Chevron deference. The basic idea behind Chevron is that, when Congress enacts a broadly worded statute whose precise contours are ambiguous, the courts should permit the federal agencies that are charged with administering the statute to enforce it in any manner that is not clearly forbidden.

https://www.law.cornell.edu/wex/chevron_deference

Upon cursory review there is nothing about Gorsuch that makes me cringe and there are some things that indeed make me smile:


Gorsuch’s opinions also reveal a measure of distrust towards unwritten constitutional provisions

another perk of Gorsuch is that he's young; 50 so his appointment would last


Although I don't stand with Gorsuch on IP or death penalty, its probably strategically wise for the liberty movement to get past the notion of Nap on SCOTUS and throw our support behind Gorsuch.

[Superfluous Man]

Trump will nominate his pick for the Supreme Court next week! Let us hope Donald Trump's selection is one who will follow the most fundamental rule of constitutional construction which is stated as follows:



If Trump does nominate such a person, it will be purely by accident. Trump couldn't in his wildest dreams articulate that view of constitutional construction, and if he could he would repudiate it.

[seapilot]

also Bill Pryor, 54, of Alabama sits on the 11th circuit court of appeals

https://www.theguardian.com/law/2017/jan/25/trump-supreme-court-nominee-list-gorsuch-hardiman-pryor


Thanks for the breakdown. Id say no to Hardiman, does not seem like a good pick for 2nd amendment. Gorsuch does look the best so far, keeping fingers crossed.

[TheCount]

It's impossible to uphold both. I'm guessing he will choose someone who prioritizes the law over the Constitution.

[brushfire]

Judge Nap PLEASE

That would have a strong impact on my opinion of Trump - I have a hard time believing it will happen though.

[NorthCarolinaLiberty]

It's impossible to uphold both. I'm guessing he will choose someone who prioritizes the law over the Constitution.


Explain.

[nikcers]

Explain.


Laws that violate the constitution Ron Paul talks a bit about it here:https://www.youtube.com/watch?v=vZjvnYd_lDQ
(https://www.youtube.com/watch?v=vZjvnYd_lDQ)


The test of a first-rate intelligence is the ability to hold two opposed ideas in mind at the same time and still retain the ability to function -F. Scott Fitzgerald

[NorthCarolinaLiberty]

Laws that violate the constitution Ron Paul talks a bit about it here:https://www.youtube.com/watch?v=vZjvnYd_lDQ
(https://www.youtube.com/watch?v=vZjvnYd_lDQ)



I am talking about liberals who don't care about the constitution. Not Ron Paul.

[brushfire]

Nap has been praising Trump - perhaps he will be appointed. That'd be pretty damn amazing.

I was watching the Judge talking about Trump, and he was heavy on the complements regarding the recent executive orders.