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re: Why the liberal interpretation of the Constitution makes no sense...

Posted on 2/10/17 at 9:28 am to
Posted by buckeye_vol
Member since Jul 2014
35242 posts
Posted on 2/10/17 at 9:28 am to
quote:

Therefore, it only makes logical sense to have a strict interpretation.
I think this should be the baseline stance; however, I don't think it's that easy when you consider the changes that don't easily fit into a rigid view from 200+ years ago (e.g., technology).

There has to be some flexibility around that baseline, practically speaking.
Posted by FooManChoo
Member since Dec 2012
41735 posts
Posted on 2/10/17 at 9:47 am to
quote:

There has to be some flexibility around that baseline, practically speaking.

I hate that argument. The Constitution was written based on principles where application could be derived. The 2nd amendment protects modern "military-style weapons" vs. muskets the same as the 1st amendment protects computers and tablets vs. quills and ink. The principles don't change because our rights are God-given and apply to all people in all ages. Our Constitution recognized this and protects those rights for our citizens.

The founders also provided a way to change the Constitution if people felt it was outdated or not sufficient. No one wants to change the Constitution any more because it is too hard so they want the courts to make a ruling that effectively does the same thing. It's not the place of the courts to create rights or enact policy. They are supposed to judge laws that are created based on their Constitutionality.
Posted by Big12fan
Dallas
Member since Nov 2011
5340 posts
Posted on 2/10/17 at 10:19 am to
quote:

There has to be some flexibility around that baseline, practically speaking


Yep, we don't need justices that interpret the constitution like Rafael Cruz interprets the Old Testament.
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