Quote:
Originally Posted by Sigaba
My point is that the American political right's treatment of American history undermines its ability to achieve its political agenda.
Too many on the right act as if matters of continued debate were settled in the late eighteenth century.
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Original intent is important for the same reasons legislative history is important in understanding an ambiguous text. There is a process for amending the Constitution if people want to change it. Judges are not supposed to be part of that process.
And before you continue arguing that political realities allow liberal judges to rewrite the Constitution when they feel like it, you might think about the fact that we could just start killing people we don't agree with since we could theoretically do that too. The Rule of Law depends on judges to restrain themselves, not pursue their political agendas from the bench. That's the same Rule of Law that we all depend upon to avoid Hobbesian reality, so you might take it more seriously.
P.S. WTF is "MOO"? Is there a connection with "and so it goes . . ."?