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Judicial Activism vs Strict Interpretationism


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Justice Curtis' dissent re: Dred Scott.

 

"When a strict interpretation of the Constitution, according to the fixed rules which governs the interpretation of the laws, is abandoned, and the theoretical opinions of the individuals are allowed to control its meaning, we no longer have a Constitution, we have the government of individual men, who for the time being have power to declare what the Constitution is according their own views of what it ought to mean"

 

Imagine if Dred Scott would have been considered "settled law" or Plessy v Ferguson?

 

Edit: Are decisions by the Supreme Court equal in timelessness to the Constitution it self?

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Justice Curtis' dissent re: Dred Scott.

 

"When a strict interpretation of the Constitution, according to the fixed rules which governs the interpretation of the laws, is abandoned, and the theoretical opinions of the individuals are allowed to control its meaning, we no longer have a Constitution, we have the government of individual men, who for the time being have power to declare what the Constitution is according their own views of what it ought to mean"

 

Imagine if Dred Scott would have been considered "settled law" or Plessy v Ferguson?

 

Is it not true that decisions by the Supreme Court are not equal in timelessness to  the Constitution it self?

374667[/snapback]

 

This is the internet equivalent of drool.

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No.  It's a Zen koan...you don't understand it, you contemplate it until you're one with the Ten Thousand Things...

 

Oh, no, wait...my mistake.  It's just drool.

374693[/snapback]

 

I have no doubt that, for you, this seems like a Zen Koan, as you can hardly be expected to grasp the deeper concepts.

 

Rather than mock what you don't understand, maybe you should just shut yer trap and read a little bit.

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I have no doubt that, for you, this seems like a Zen Koan, as you can hardly be expected to grasp the deeper concepts.

 

Rather than mock what you don't understand, maybe you should just shut yer trap and read a little bit.

374831[/snapback]

 

Cat have monkeys tongue?

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