Friday, February 12, 2010

Translation of the Day - Wingnutspeak to English

Phrase of the Day:

Determinate Principles of Constitutional Interpretation

Definition:

(1) A system of principles utilized to interpret difficult questions of law arising under the Constitution of the United States. (2) The schools of Originalism and Textualism (or collectively referred to as “Strict Constructionism”) are the only schools believed to contain determinate principles of Constitutional Interpretation by some. (3) A phrase used as part of a logical fallacy to draw a conclusion from premises that does not support that conclusion by assuming Not P implies Not Q on the basis that P implies Q.

Used in Every Day Conversation:

“What I haven't seen by Judge Sotomayor is an embrace of determinate principles of constitutional interpretation. Without that, there are no bounds on the judicial role -- nothing to keep one from being a judicial activist."

Big Ed Whelan NRO Regular and Legal Expert

Translation (Wingnutspeak to English):

Members of the Conserva-gencia do not believe that Justice Sotomayor possesses determinate principles of constitutional interpretation (thus is a Judicial Activist) because she is not of the Strict Constructionist School of Judicial Theory. This conclusion, that Justice Sotomayor is a potential Judicial Activist, is proven because Strict Constructionists are believed to adhere to a system of Determinate Principles of Constitutional Interpretation. Hence, because the Judge Sotomayor cannot be proven to possess so-called Determinate Principles of Constitutional Interpretation (i.e., she is not a Strict Constructionist), then she should be deemed a Judicial Activist and not qualified to serve on the Supreme Court.

In other words just a more sophisticated form of heads I win, tails you lose. Look for more such forms of Wingnutspeak to emerge as rumors of a vacancy on the High Court heat up.

We will try to provide translations as time permits.

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