Obama Win Provides Chance to Leave Lasting Legacy on Supreme Court
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President Barack Obama’s re-election probably won’t swing the liberal-conservative balance on the Supreme Court, though it’s likely to leave a lasting legacy in the justices who fill the court’s high-backed chairs, a Georgetown Law professor told TheBlaze.
With a relatively old bench — four of the justices are in their mid-to-late 70s — it seems probable Obama will get to make at least his third appointment during the next four years to a court that is comprised of four liberals, four conservatives and one swing justice in the middle.
Justice Ruth Bader Ginsburg, a liberal stalwart, seems most likely to vacate her seat next, now that it will again be a Democrat who would choose her successor. It’s precisely for that reason that anyone Obama lines up to replace her with will probably have a muted impact on the court’s ideological balance.
“I don’t see anyone wanting to get off and the reality is most justices don’t want to get off,” said Susan Bloch, a Georgetown professor and expert on the Supreme Court. “I think [with Obama's win] Ginsburg will probably retire before the end of his term.”
At age 79, Ginsburg is the oldest justice and has been treated for both colon cancer and pancreatic cancer. Nevertheless, she has been adamant about remaining on the bench and has given no public hints about stepping down anytime soon. She told an interviewer last year she intends to match the late Justice Louis Brandeis, who, like her, was appointed to the court at age 60 and remained until age 83.
But if Obama’s win could make Ginsburg more hospitable to the notion of retiring, it’s sure to have the opposite impact on Justices Antonin Scalia and Anthony Kennedy, both 76, Bloch said. The oldest of the staunch conservatives on the bench, Scalia has bordered on openly hostile toward Obama’s policies, particularly in his dissent over the court’s ruling on the health care law in June. Similarly, Kennedy enjoys the unique position as a key swing vote in many critical 5-4 cases and seems unlikely to give it up.
That means a continuation of sharply-divided decisions, including on cases involving gay rights, affirmative action and abortion — all issues Bloch expects to see the court wrestle with within the next few years.
“The big issues that are on the horizon are gay rights and perhaps abortion again and affirmative action,” Bloch said. “All of those are 5-4 kinds of decisions so…who resigns and who replaces them are really important decisions and they can turn, they can impact the direction we go.”
One of the biggest legacies a president leaves behind is who he appoints to the Supreme Court, where a justice’s lifetime tenure far outlasts a four- or eight-year stint in the White House. Presidents in the last 40 years have averaged about two appointments each: Obama has already had two, the same number as George W. Bush, Bill Clinton and George H.W. Bush. Ronald Reagan made three, Jimmy Carter got zero and Gerald Ford got one.
Obama’s re-election means he is likely to fare better than average — having already made two appointments during his first term — and can likely expect at least one more, meaning he’ll leave his stamp on a significant portion of the nine-member court.
“It’s one of the oddities of our system,” Bloch said. “The difference between a president getting zero and four is just totally happenstance.”
Yet for all the impact a president’s Supreme Court pick can have, and for all the cacophony on the campaign trail these last months, the Supreme Court was barely raised as an issue — not even garnering a single question during the presidential debates.
Kermit Roosevelt, an expert on constitutional law at the University of Pennsylvania Law School, theorizes that it could come from a kind of wariness on the part of the public.
“I think it’s possible that people have gotten a little bit wary about these alarmist calls about the Supreme Court,” he said. “For a long time, the left has been saying if the Republicans win, Roe v. Wade will be overturned. And we had a bunch of Republican presidents, it didn’t happen.”
Nevertheless, he found it surprising at how little the court came up during the campaign, save for the speculation earlier this year about the health care ruling.
“It’s surprising because given the balance that we have on the court now…if you can replace one of the liberals with a conservative or vice versa you would dramatically shift the balance,” Roosevelt said.
Still, Roosevelt said Obama so far has not seemed intent on radically changing the makeup of the judiciary, saying he has tended to appoint relative moderates to the bench — not just on the Supreme Court, but on the lower federal courts as well.
“We don’t actually know that much about his judicial philosophy, but it doesn’t seem to be a real priority for Obama actually,” Roosevelt said. “He hasn’t spent a lot of political capital on filling the vacancies in lower courts with a lot of vacancies and it didn’t really look like he was trying to appoint some sort of liberal intellectual leader to the court with the vacancies that he has had. I think he chose relatively safe picks.”
He added, “He could have chosen some exciting liberal law professor…[that] would have presented a real liberal constitutional vision but he hasn’t done so much. It doesn’t seem to me like he’s that eager to try to transform the Supreme Court.”
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Comments (90)
DOra Glasberg
Posted on November 7, 2012 at 10:19amThe Supreme Court is already heavily conservative.
This was the best thing to happen to the Supreme Court.
Getting rid of Thomas would certainly help followed by Scalia.
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Deuteronomy22
Posted on November 7, 2012 at 10:32amDon’t forget Alito! Citizens United was a travesty.
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GhostOfJefferson
Posted on November 7, 2012 at 11:21amI wish you the full effects of everything you believe, in real life. And your children too.
Not really talking to trolls like you any longer, but I did want to give you that statement. And I hope you get every last measure of your ideology handed to you directly.
You no longer exist on my radar. What you say or do no longer matters. Gloating, screaming, crying or sneering, you are now invisible to me, both here and in real life. I will allow you to experience everything you believe, and I will not lift one finger to help you and your kind, ever again.
Good bye
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oldincarolina
Posted on November 7, 2012 at 10:19amHe now has four years to “work” on the Supreme Court AND our Constitution. He has made statements in the past that he doesn’t like either one.
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Go Glenn
Posted on November 7, 2012 at 10:44amIf the court is irrelevant why should he worry about it. He knows that the court cannot stop him unless we have a Congress that will challenge him or lower courts that that will allow cases to advance to the supremes.
Obama is not worried about the courts or the Congress because his real changes will take place by fiat and by regulation.
Be afraid, be very afraid.
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Dushman Kush
Posted on November 7, 2012 at 2:44pmThe Supreme Court is of little consequence to the plans of our Leader. Following the elections of 2014, our Leader will have overwhelming majorities in both the House and the Senate. He will preside over the reconvening of the Constitutional Convention, over the ratification of the new Constitution of the United States of America. Comrades, let’s assuage the fears of the citizens. Following the decades of chicanery by the “Republicans”, granting a respite is in order….Long Live the Communist Party !!!
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PIGSWILLNEVERFLY
Posted on November 7, 2012 at 10:18amThis is the most terrifying thing of ALL.
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rickc34
Posted on November 7, 2012 at 10:17amMove to red states if you live in a blue state,
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Southerner01
Posted on November 7, 2012 at 11:17amThat would be a mistake. Conservatives in deep blue states like NY and California should move to purple states like Virginia, to move them back red. The Libs have been doing that for years, which is why VA went for Obama and NC was close.
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encinom
Posted on November 7, 2012 at 11:50amThere are not enough scared, old, white, christian men left to elect a GOP President. Its time for the GOP to once again exile the tea party extremists and try a broad tent approach.
Metallicat
Posted on November 7, 2012 at 10:09amI dont care who Obama appoints or what the Supreme Court says, i will not forfeit ANY of my Constitutional Rights that were established and granted by far greater men than any who hold power today.Those great men stood against tyranny and established those Rights in the Constitution to combat tyranny. To strip away those rights is an act of war on the American people.
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rickc34
Posted on November 7, 2012 at 10:15amGod is in control and those in power will answer to him, to much is given much is required. The United States got the leader it deserves, To many to the freedoms for granted that others paid for and now they will feel a tyrants boot upon their necks, gas , food and utilities will continue to rise and paychecks will shrink due to taxes. Both liberal and conservatives will suffer, in a dictatorship only 2 class’s rich and in power and serfs working for their masters.
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Blackwolff
Posted on November 7, 2012 at 10:06amObama will have the Supreme Court, the Executive Branch and the Senate. The House of Representatives are jelly fish. Next will be four more years or a dictatorship in the making.
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cloudsofwar
Posted on November 7, 2012 at 10:03ami don’t care who runs for POTUS in 2016 it’s over. oh i know maybe romney or ryan or palin or some other loser will run. yeah thats the ticket. who cares, WAR is coming thats the only way this country will turn around.
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cloudsofwar
Posted on November 7, 2012 at 9:57amthis is a sad day the republic is DEAD. pot is now legal in WA and CO. more TAKERS than MAKERS. hail to the killers obama, reid, boehner. TAKERS 50%, MAKERS 48%. forget the partiers try to live your life happy. PRAY FOR OUR COUNTRY AND YOUR SOUL.
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TEXASGRANNY73
Posted on November 7, 2012 at 10:55amJust a guess. Put a lefty social idea on the ballot. Republicans lose. Colorado?
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KidCharlemagne
Posted on November 7, 2012 at 12:04pmcloudsofwar
Posted on November 7, 2012 at 9:57am
this is a sad day the republic is DEAD. pot is now legal in WA and CO.
===========================================
A good day for the 10th Amendment!:
—————————
“The powers delegated by the proposed Constitution to the federal government, are few and defined. Those which are to remain in the State governments are numerous and indefinite.”
-James Madison, Federalist #45, January 26, 1788
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willingtoupe
Posted on November 7, 2012 at 9:53amObama’s win provide proof of how racist the Dems are for voting in the first black(non-white) person in the highest office, not once but twice, unlike those loving Christian non Racist Republicans who never have and never will let alone flake out, and disqualify a candidate on a litmus test failure, who would actually win the entire country over. Oh I’m sorry, it was actually ONLY the 97% of the 12% of the black population of the entire country ( which half are unjustly in prison ) that caused this to happen. That REALLY made a diffrence.
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DZ-015
Posted on November 7, 2012 at 9:45amHow about Hillary Clinton for SCOTUS? At least she wouldn’t be running for POTUS then.
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TEXASGRANNY73
Posted on November 7, 2012 at 11:02amHillary, the Secy. of State who lied about Ben Ghazi and tried to blame a US citizen. That Hillary?
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willingtoupe
Posted on November 7, 2012 at 9:45amI am mad at you Obama. But I will give you once more chance. But if you screw up again, DON’T EVEN THINK ABOUT RUNNING AGAIN!
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G-WHIZ
Posted on November 7, 2012 at 9:55amDon’t worrry! Hillary-care Clinton will run next and be O-Commie#2! If there is any U.S.A. LEFT after 4-more, she’ll ruin the rest for HIM!!
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barber2
Posted on November 7, 2012 at 9:39amThe Trolls are arrogantly gloating that they won an election, but too stupid to realize they have lost a successful economic future. Sad.
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GhostOfJefferson
Posted on November 7, 2012 at 9:52amNot just an economic future, but any measure of freedom. As far as I’m concerned they deserve everything they get.
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Southerner01
Posted on November 7, 2012 at 11:19amBut they get food stamps and free birth control, plus an Obamaphone, so they are all happy.
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EdgeOfSanity
Posted on November 7, 2012 at 9:38amWhy are we just now talking about this?
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GhostOfJefferson
Posted on November 7, 2012 at 9:42amAsk Milktoast Romney that question. He couldn’t beat McCain in 2008 and in 2012 got less votes than McCain. So much for “across the aisle” and “be nice”.
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old white guy
Posted on November 7, 2012 at 9:46amfunny isn’t it. all the things that should have mattered were not even discussed. the vote definately shows that the education system has dumbed down 52% of the electorate.
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SquareHead
Posted on November 7, 2012 at 9:46amI don’t put my faith in the Supreme Court. The only way we can truly take this country back is by informing the people. The Tea Party / Ron Paul movement are among the most informed.
Here is something for you Becktards to watch so you won’t WAST YOUR VOTE on an establishment vote in future primaries:
Comunist Agenda carried out
http://www.youtube.com/watch?v=rc3_Kbga5Mo&list=PL36A8E77309CF6571&index=29&feature=plpp_video
Illuminati
http://www.youtube.com/watch?v=9GnyNw0hgS8&list=PL36A8E77309CF6571&index=23&feature=plpp_video
Secrets of CIA
http://www.youtube.com/watch?v=4RXPJmqkxmI&list=PL36A8E77309CF6571&index=26&feature=plpp_video
“Educate the whole mass of people… They are the only sure reliance for the preservation of our Liberty”
-Thomas Jefferson
The r3VOLution continues..
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mycomet123
Posted on November 7, 2012 at 9:30amPLEASE,PLEASE.PLEASE–DON’T LOOSE HEART. God is in control!!. Everything is going to be O.K. just keep standing for Life. Either Father God is in control or He is not–I STAND THAT HE IS IN CONTROL!!!!!!!
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Snowleopard {gallery of cat folks}
Posted on November 7, 2012 at 9:37amGod is in charge, and last night we have a major shock delivered to the entire system of our nations faith and character. We are now, those of us who believe in God and walk by faith, facing the time that will try and forge all of us into new and better souls which shall shine bright unto the world.
I will not abandon the fight while I still live; nor will I ever bow to any man, only God is my king.
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old white guy
Posted on November 7, 2012 at 9:49ammycomet. God is only in control for those that take action. it would seem many God fearing americans decided not to take action. prayer without action is useless. God expects His people to act when they pray not just leave it up to Him.
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TEXASGRANNY73
Posted on November 7, 2012 at 10:40am@Comet “I have set the Lord always before me; because He is at my right hand I shall not be moved”. Psalms 16:8.
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DOra Glasberg
Posted on November 7, 2012 at 12:39pmWell tell god to control those rioting WHITE University of Miss. Students. today.
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noslave
Posted on November 7, 2012 at 9:28amwhen he stacks the courts with communist leaning judges??voteing will be irrelevant??if the communist dislike the vote they will simply overturn it??YOU BEEN SILENCED?COMMUNISTS WILL DEFEAT YOU FROM WITHIN HAS COME TRUE??
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tonypro
Posted on November 7, 2012 at 9:36amVoting was already of no relevance, just look at the current outcome.
I AIN”T buyin it. I fail to believe over half of the people in this country voted to destroy it!!!
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GhostOfJefferson
Posted on November 7, 2012 at 9:42amYou are not required to believed it Tony, sorry. They did. We live in a nation of parasites, and you and I and the remaining productive individuals stay and let them suck our lives away, all the while preparing our kids to walk down our path of “host”.
There is no America any longer. Us remaining Americans are now an anachronism, and one that they will try to deal with shortly. Your choices are consent to be destroyed, or withdraw your consent to be governed by these animals and strike out and be a free man without their chains.
We need a secessionist movement with teeth, and we need one now, today.
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neverending
Posted on November 7, 2012 at 9:25amAnd therein lies the final nail in the coffin – can you say Holder for the Supreme Court?
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tonypro
Posted on November 7, 2012 at 9:38amCan we say the courts don’t matter any more, under a dictatorship.
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neverending
Posted on November 7, 2012 at 9:45amYou are so right TonyPro – I truly believe dictatorship just around the corner. Barry needed just a little more time.
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GhostOfJefferson
Posted on November 7, 2012 at 9:51amRoberts has already made SCOTUS into a Soviet bastion. What Obama does is irrelevant. If you continue to count on government for any measure of Liberty, you have learned nothing from the last 10 years.
The only freedom you’ll get, is freedom you take for yourself. There are no safeguards any longer, and the mobs will be coming shortly.
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TEXASGRANNY73
Posted on November 7, 2012 at 9:53amWhy would he (O) need Holder? The House wouldn’t accept Holder but he (O) has Chief Justice Roberts rewriting a bill (called Obamacare but should be named Putridcare) to fit the Constituion which in my humble estimation made the Supreme Court irrelevant. Add to that the UN and international law Ginsberg and the lefties want.
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RJJinGadsden
Posted on November 7, 2012 at 9:55amFirst of all, he would have to really scrape, then even scrape the bottom of the barrel a lot more to do any worse than Ginsberg. As long as Scalia, and Kennedy stay in we might be okay. As long as Roberts is not completely in the bag. He may turn out to be another Kennedy, but at least the original Justice Kennedy has admitted that 0bama really scares him.
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Tigress1
Posted on November 7, 2012 at 9:20amAdd your comments
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The Giver
Posted on November 7, 2012 at 9:19amWe don’t have a truthful media. The country is done. The Supreme Court passed Roe vs Wade and declared Obamacare constitutional. The God of Israel will judge us.
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tonypro
Posted on November 7, 2012 at 9:40amGod will judge all with no exceptions, and I’m so glad I won’t be in the express lane to Hell like these demons.
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Gary_K
Posted on November 7, 2012 at 9:19amI could just freeking SCREAM !
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TEXASGRANNY73
Posted on November 7, 2012 at 10:07amMe two. Double SCREEEEEEEEEEEEEEEAM!!!!!
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PIGSWILLNEVERFLY
Posted on November 7, 2012 at 10:29amI did that! I went outside and screamed….I HATE THIS STATE …YOU ARE ALL IDIOTS. The State of MN flipped because they gave Dayton another new STADIUM and now WE have to pay for it even though most of the people did not want another new stadium. Then the Stupid GOP put a ballot initiative for gay marriage on the ballot,
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TEXASGRANNY73
Posted on November 7, 2012 at 10:50am@PigsWNF. Well, OK, then.
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Cibolo
Posted on November 7, 2012 at 9:15amThey just re-elected the Anti-Christ…..At least while all of his supporters go on welfare, I will be high as a kite, and financially sound growing and selling tons of Marijuana in Colorado!
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Snowleopard {gallery of cat folks}
Posted on November 7, 2012 at 9:15amHe will stack the courts complete as he can with progressive and activist justices dedicated to his agenda. While we have four years of Obama to deal with in the White House, his agenda and shadowy hand and influence will carry forward for another generation at the least.
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BODYBAG
Posted on November 7, 2012 at 9:26amSomething stinks with this whole thing —–
Turnout shaping up to be lower than 2008
http://www.kypost.com/dpps/news/national/turnout-shaping-up-to-be-lower-than-2008_7991483#ixzz2BXyfB100
Voter turnout LOWER than 2008 & 2004? By 14 million? C’mon
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GhostOfJefferson
Posted on November 7, 2012 at 9:27amEarly pre-Constantine Christians withdrew from Rome, to such a degree that Rome went into a panic. A lesson there I suspect.
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Snowleopard {gallery of cat folks}
Posted on November 7, 2012 at 9:41am@Ghost:
I think this occurred in part to teach us a lesson in patience and perseverance. We have gotten so use to ‘instant’ this and that; and expected to turn it all about in one night. One hundred years of progressive damage is needing to be undone and now we face a true trial for the nation as a whole.
Nearly half of the nation voting last night rejected the “mandate” of Obama, and now we have to hold onto the ground we have, persevere and push forward despite the madness of Obama.
A small majority wanted a devil for the second term, now we will reap the whirlwind of them and of Obama’s insanity in the domestic and foreign affairs.
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mecbb55
Posted on November 7, 2012 at 9:47am@snowleopard why do you think that obama decided not to declare martial law?
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RJJinGadsden
Posted on November 7, 2012 at 9:50amBODYBAG, That does stink considering we were inundated with news and talk radio reporting record turn outs for early voting to the point that some of the crowds were turned back briefly in some places. Courts had to make some of the polls remain open to finish that day’s crowd. Absentee ballots were supposed to be super high, and what did we hear all day yesterday about the polls? Weren’t they so packed that much of the crowds could hardly be taken care of in places? Didn’t some Florida polls stay open past midnight just to handle those that were still in line? You’re right, something does not smell right.
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old white guy
Posted on November 7, 2012 at 9:55amdeutronmy. you will not prosper unless you manage to become one of the party elite.
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GhostOfJefferson
Posted on November 7, 2012 at 9:56am@Snow
I suffer from no ADHD when it comes to politics. Since I’ve been voting in the 1980′s I’ve seen every year get worse and worse regarding liberty and basic common sense. It’s almost 30 years now, and each one was worse than the previous. I have patience, but I also recognize the futility of trying to talk a crack addict out of doing crack now. The Republic is dead. We’re just at the wake and come January, at the funeral proper. The animals have taken over and are gloating and dancing on corpses. Let them. I’m through with this.
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BODYBAG
Posted on November 7, 2012 at 12:06pm@RJJINGADSDEN
Posted on November 7, 2012 at 9:50am
You’re right, something does not smell right.
——————————————
Everyone here should read this:
A New American Revolution! When Will It Start? How Will It Start?
http://www.redstate.com/jkilgore1776/2012/02/17/a-new-american-revolution-when-will-it-start-how-will-it-start/
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Stuck_in_CA
Posted on November 7, 2012 at 9:15amThe End of an Empire — The Will of the People Has Spoken and America Died
…Rallies in support of conservatism overwhelmed venues for Mitt Romney while rallies for our bumbling President became scarcer and scarcer. Yet, miraculously, at the ballot box, our President won all over the country…
http://www.canadafreepress.com/index.php/article/50871
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Gary_K
Posted on November 7, 2012 at 9:20amRIP US Constitution, RIP.
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Deuteronomy22
Posted on November 7, 2012 at 9:25amWow if this is how all the right wingers fell about America… S*cks to be you. Life goes on. Get an education and prosper. Sitting around crying and you’ll be miserable for the rest of your life. Last I checked the garbage is still being picked up, I’m still going to work and my kids are off to school.
kryptonite
Posted on November 7, 2012 at 9:31amYeah, and he won both the Electoral College and the popular vote. Rigged voting machines and more.
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Deuteronomy22
Posted on November 7, 2012 at 9:13amGod’s will be done!
toiletclogga
Posted on November 7, 2012 at 9:29amEven in chaos, God is still in control! This is part of the plan.
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Snowleopard {gallery of cat folks}
Posted on November 7, 2012 at 10:03amAmen – that is the only thing keeping me going; I had the feeling for a month before the election that is summarized as ‘what is to be shall be as it is meant to be.”
Last night faith in many has been shaken by God, for His purposes; now we of faith have to allow ourselves to be led and guided by Him, and pray so we may better understand and share His will.
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blackfeather
Posted on November 7, 2012 at 9:11am…mobs is right…he could care less about “black robes”….he is our DICTATOR.
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GhostOfJefferson
Posted on November 7, 2012 at 9:07amWho cares? The mobs want this. My rights are not theirs to take, I reserve those for me and me alone. SCOTUS is no longer important, they serve merely as a prop for statism. Your government is going to eat you all alive if you keep participating in it.
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Deuteronomy22
Posted on November 7, 2012 at 9:17amMove to Somalia. No government there. See ya!
barber2
Posted on November 7, 2012 at 9:40amDUET: After you, wise guy.
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Deuteronomy22
Posted on November 7, 2012 at 10:31amBarber, I’m not complaining. I’ll be fine no matter who is president. They are all corrupt. Luckily I’m in a field that pays well and can’t be outsourced. Arizona has way to many statutes like every other state but is better than most. I still believe in liberty and government under a two party system that runs on money is the biggest threat to that.
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The_Cabrito_Goat
Posted on November 8, 2012 at 2:56pmAh yes, if you don’t want a massive, bloodsucking conglomerate for a government, you must be an anarchist.
Makes total sense, just forget there are such things as minarchists, libertarians or even conservatives for a moment. Then it will be more believable.
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