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U.S. Constitution
See other U.S. Constitution Articles

Title: The de facto meaning of the Consitution was, and continues to be, defined by testing it with actions.
Source: Liberty's Flame
URL Source: [None]
Published: Apr 27, 2015
Author: SOSO
Post Date: 2015-04-27 00:34:51 by tpaine
Keywords: None
Views: 1778
Comments: 14

The plain simple truth is none of the framers, signatories or ratifiers of the U.S. Constitution had a clear and accurate understanding of what the Consitution meant, much less was there total agreement on what the intention was other than to deliberately make the language less than definitive, to make the language flexible and subject to interpretation.


Poster Comment:

This remarkable interpretation of what our constitution means was recently posted on the 10th Amendment thread by SOSO.. Comments anyone?

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Begin Trace Mode for Comment # 8.

#8. To: (#0)

Sola Scriptura.

It's a habit of mind that spills over from religion (where it doesn't work well) into jurisprudence, where it doesn't work at all.

Vicomte13  posted on  2015-04-27   8:28:53 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 8.

#12. To: Vicomte13 (#8)

Sola Scriptura.

It's a habit of mind that spills over from religion (where it doesn't work well) into jurisprudence, where it doesn't work at all.

Religion does play on the way one looks at the constitution these days. First of all, while the constitution was always looked at as a marvelous creation of our Founders only since the Civil Rights era when the judges started to stretch the power of the court to de-segregate schools and in some cases raise taxes to do so (I think in Yonkers if I recall) have the conservative side taken the sola scriptura approach to the constitution and to even view it in a different and much more strict way than even the founding fathers did. It is no accident that religous people upset at the ruling that there is a right to "privacy" inherit in the constitution which is used to legalize abortion as a right would want the most narrow reading of this document.

The other hot button - used to be in right wing circles in any case - was the reading of your Miranda rights. I recall conservatives HATED that ruling where the court forced cops to read perps their rights (Conservatives don't trust govt except law enforcement back in the day - hypocritical as that may seem now).

These days not even the most die hard conservatives are trying to over turn Miranda in any way. In fact they want more restrictions on cops.

Pericles  posted on  2015-05-04 13:50:52 ET  Reply   Untrace   Trace   Private Reply  


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