I certainly don't think she deserves the scorn being heaped on her this time.
Joel Send a noteboard - 21/10/2010 05:14:03 PM
I disagree that she has any higher ground here, but I don't feel like arguing something we won't see eye to eye on. It's reached the edge of my screen, so I'm out.
They intentionally missed her point so they could mock her, following a lead set by her opponent. People are accusing her of stupidity based on an argument she didn't make, so maybe HER high ground isn't in question here.

The Constitution is the highest law of the land; additional laws and court rulings are valid insofar as they're consistent with it, but always subject to review and reversal if found not to be. Ironically, it's the same argument many conservatives dismiss as "judicial activism" but it's nearly as old as the country (though, oddly, judicial review is defended as an "implied" power asserted by the very first SCOTUS but never explicitly stated in the Constitution).
Honorbound and honored to be Bonded to Mahtaliel Sedai
Last First in wotmania Chat
Slightly better than chocolate.
Love still can't be coerced.
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LoL. Be well, RAFOlk.
Last First in wotmania Chat
Slightly better than chocolate.
Love still can't be coerced.
Please Don't Eat the Newbies!

LoL. Be well, RAFOlk.
"Where in the Constitution is separation of church and state?"
20/10/2010 12:33:05 AM
- 875 Views
You don't want her?
20/10/2010 01:21:20 AM
- 436 Views
I have decided for the first time in my life to not vote this year.
20/10/2010 01:27:13 AM
- 314 Views
Now there's an answer
20/10/2010 01:47:28 AM
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And most of those posts are a guess at best.
20/10/2010 03:02:04 AM
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Local bonds/ballot initiatives? Want the only major road within 10 miles of your house tolled?
21/10/2010 01:50:41 PM
- 300 Views
Can you not spoil your ballot?
20/10/2010 10:19:54 AM
- 271 Views
I don't think so but an intentional no vote is just as valid as voting IMHO. *NM*
21/10/2010 02:45:35 AM
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When you don't vote the bad guys win. That simple.
20/10/2010 01:53:23 PM
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The bad guys? That implies that there are some "good" guys somewhere in politics.
20/10/2010 05:43:06 PM
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I didn't say that, just that the bad guys automatically win if you don't vote.
20/10/2010 05:49:43 PM
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Re: I have decided for the first time in my life to not vote this year.
20/10/2010 02:54:04 PM
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She is a buffoon of course. But what I am speechless about is...
20/10/2010 01:25:43 AM
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Re: She is a buffoon of course. But what I am speechless about is...
20/10/2010 01:35:48 AM
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i feel kinda bad for her
20/10/2010 03:31:03 AM
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What is odd about this is that everyone is used to the 'separation' idea that they don't bother to
20/10/2010 06:44:48 AM
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Or, you know, the letters on the topic written by the people who drafted the Constitution *NM*
20/10/2010 07:04:47 AM
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She's right.
20/10/2010 12:27:55 PM
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I'm less concerned about what she said than why she said it. *NM*
20/10/2010 01:32:38 PM
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It is on youtube
20/10/2010 02:40:12 PM
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Jesus Christ
20/10/2010 03:03:30 PM
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Re: Jesus Christ
20/10/2010 03:32:02 PM
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Re: Jesus Christ
20/10/2010 03:36:48 PM
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Re: Jesus Christ
20/10/2010 03:53:46 PM
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Re: Jesus Christ
20/10/2010 04:01:49 PM
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Because she knew her audience, she expected them to know better, not be deliberately obtuse.
21/10/2010 02:31:19 PM
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Re: Because she knew her audience, she expected them to know better, not be deliberately obtuse.
21/10/2010 02:40:23 PM
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If the subsequent rulings aren't Constitutional they don't matter.
21/10/2010 03:03:11 PM
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Re: If the subsequent rulings aren't Constitutional they don't matter.
21/10/2010 03:57:45 PM
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She focused on the First Amendments text, and ignored the rest as commentary.
21/10/2010 04:49:22 PM
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Ok.
21/10/2010 05:01:22 PM
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I certainly don't think she deserves the scorn being heaped on her this time.
21/10/2010 05:14:03 PM
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See Dreaded Anomaly's reply below.
21/10/2010 03:03:02 PM
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Done.
21/10/2010 04:50:52 PM
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The last statement is the only relevant one, and still a bit ambiguous.
20/10/2010 03:51:35 PM
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I think it is clear that that argument is beyond her capabilities. It was not what she was saying. *NM*
21/10/2010 02:50:33 AM
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Separation of church and state is not in the Constitution, so she's right.
21/10/2010 03:41:27 PM
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I see we have replaced the PDS with ODS
20/10/2010 03:05:58 PM
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It only depends on just how finely one wants to split hairs.
20/10/2010 04:02:28 PM
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no it depends how far you want to stretch the Constitution to say things it doesn't say
20/10/2010 04:19:04 PM
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Treaty of Tripoli through the Establishment clause fairly explicitly affirms this. Sorry. *NM*
21/10/2010 03:56:09 AM
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OK which clause allows for amending the Constitution by treaty? I can't seem to find it *NM*
21/10/2010 02:59:01 PM
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Supremacy clause, not establishment clause. My mistake.
21/10/2010 05:07:18 PM
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Sorry, but the Treaty of Tripolis relevant section still seems like commentary.
21/10/2010 05:18:00 PM
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This is quickly becoming infuriating.
22/10/2010 01:41:18 AM
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No, it's part of the treaty.
22/10/2010 02:02:42 AM
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Take it up with the Supremacy Clause.
*NM*
22/10/2010 02:12:11 AM
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So from 1797 we've been at "perpetual peace" with Libya?
22/10/2010 02:25:44 AM
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Fair enough as regards the treaty being broken.
22/10/2010 02:38:37 AM
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Seems to apply to the Tenth Amendment only, not the Constitution as a whole.
22/10/2010 02:56:27 AM
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When a treaty is ratified by the senate, its provisions become federal law via a few processes.
22/10/2010 03:02:24 AM
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Even if we take that at face value, a law can still be unconstitutional.
22/10/2010 03:19:07 AM
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it was a poor decision anyway since Amendments should be seen to modify the original
22/10/2010 02:11:22 PM
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no your mistake was misreading the clause
21/10/2010 05:48:52 PM
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Very difficult not to lose my temper here.
22/10/2010 01:39:21 AM
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Then you should argue it violate a treaty with a country that no longer exist
22/10/2010 02:03:32 PM
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She's so... bewildered!
20/10/2010 06:40:04 PM
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that is what I think when I read a lot of the responses here
20/10/2010 07:44:40 PM
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She was still confused when he clarified what he meant, is what's funny *NM*
20/10/2010 08:56:56 PM
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Because the logical conclusion is obvious.
21/10/2010 03:08:39 AM
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I think it is logical that it means what is say not want some want it to say
21/10/2010 03:02:08 PM
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Nonsense. The nature of the nation was already changing in the first generation.
22/10/2010 12:35:26 AM
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I think it funny that so many people can't see that what she was actually saying was true
20/10/2010 09:23:23 PM
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I think it is funny that you think that she could argue that angle when she clearly can't. *NM*
21/10/2010 03:10:43 AM
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For those who think O'Donnell is correct, even on a technicality:
20/10/2010 10:49:40 PM
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She reiterates her question about "separation of church and state" and he repeatedly dodges.
21/10/2010 03:19:56 PM
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or she wasn't really paying attnetion to him and was still trying to argue her first point
21/10/2010 03:24:06 PM
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Heh...reminds me of Obama claiming to have visited all fifty seven states.
22/10/2010 12:44:58 AM
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My favorite bit is how people are attacking the judicary because they disagree with rulings.
21/10/2010 05:12:01 PM
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so you believe we all should just accept what the courts say without question?
21/10/2010 05:54:42 PM
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Given that it's you, Joel and Christine O'Donnell versus two centuries of jurisprudence? YES. *NM*
22/10/2010 01:49:01 AM
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Y'know, an alliance as unlikely as that one ought to give you cause for a second look.
22/10/2010 03:03:05 AM
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yes we are the only ones who don't think the courts can rewrtie the Constitution at will *NM*
22/10/2010 02:04:44 PM
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yes we are the only ones who don't think the courts can rewrtie the Constitution at will *NM*
22/10/2010 02:04:44 PM
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Come, my brethren! All Hallows Eve approachs, and we have much to do!
22/10/2010 05:34:01 PM
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