RE: Forgot to change name!
July 17, 2018 at 9:58 am
(This post was last modified: July 17, 2018 at 9:59 am by Aegon.)
(July 16, 2018 at 5:35 pm)Neo-Scholastic Wrote:(July 16, 2018 at 5:23 pm)RoadRunner79 Wrote: I agree, that it's actually not that big of deal. But still funny none the less... Especially when it was butchered that badly. However most of Trumps choices, seem to be conservative judges, by which I mean conservative in their view of proper judicial procedure and interpreting the constitution, as opposed to progressive and looking to re-write it from the bench. In which case their individual views should not come into play as much.
There are no conservative justices, only those who read the Constitution according to how it was meant to be read by those who wrote it and as it was passed into law. That's called non-partisan which is what the judiciary is supposed to be. Those who believe that the constitution requires interpretation, as opposed to its plain reading, are partisan left-wings activists.
It's law. If there was no "correct" way to interpret legal text aside from plain, literal reading then about 50% of lawyers in every practice should be out of a job. It's always interpretive. The Constitution should be no different.
I'd also argue that the document is old and based on an INCREDIBLY different society. Itd be rather asinine not to keep it up with the times and the way we've progressed. No law or philosophy is infallible. Everything should be scrutinized. It's not wrong to do that, it's smart. The document was written at a time where the only firearms people had access to were muskets and black people were enslaved. It changes a lot. Not taking it literally is a valid method of analyzing the document.
The judges aren't dumb, though. It's no coincidence that "literalists" are conservative in every facet, even things separate from constitutional law. It's no coincidence that the interpreters are liberal, even about things separate from constitutional law. It's heavily partisan both ways. Don't try to justify the partisanship of your side.