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Old March 9, 2009, 07:01 PM   #80
Socrates
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Join Date: January 5, 2005
Location: East Bay NorCal, People's Republik of Kalifornia
Posts: 5,866
You win this one, just because Felix Frankfurter, William O. Douglas and friends were appointed by FDR, stayed on the bench for 30+ years, and, out numbered Hugo Black, and the strict constructionist prior. Their effect on the Incorporationist Doctrine is pivotal to the issue under discussion, and, their failure to ever address the 2nd Amendment, and the individual right to bear arms.

If not for the fact that FDR was elected for 4 terms, and appointed Charles Evan Hughes, Hugo Black, Stanley Forman Reed, Felix Frankfurter, William O. Douglas, Frank Murphy, James F. Byrnes, Robert H. Jackson, Wiley B. Rutledge, and Chief Justice, Harlan Fiske Stone, that's TEN Supreme Court Justices, we might well be having a different discussion. When you have a president with such incredible support, who is intent on one thing: Expanding the government and it's power, and he appoints the entire bench, plus one, well, it's amazing that anyone even brings up the concept of Strict Construction.

However, we now have a few Constitutional law scholars that have come to the same same conclusion as far as Strict Construction:
Scalia, Thomas, Alito, and Chief Justice Roberts, we may finally have enough votes to reign in the 'growth and slippery slope' trend.
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