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re: What does a conservative Supreme court system mean for those in their 20s
Posted on 7/10/18 at 5:20 am to volod
Posted on 7/10/18 at 5:20 am to volod
quote:It means stability and a better means of predicting the future, and preparing for it.
What does a conservative Supreme court system mean for those in their 20s
When it comes to judges, especially on the Supreme Court, "conservative" and "liberal" means different things than it does for the legislature and executive branches.
"Conservative" means the law is as written, and applies to that which is written. And the Constitution (and Bill of Rights etc) again, apply as written.
"Liberal" means that the laws are open and you can extrapolate some unwritten intent.
So with a conservative Supreme Court, you should have a better sense of whether something will be upheld or overturned, simply by examining the various laws etc, and seeing if they actually apply to the case in question, in some definition.
With a liberal court, there's more of a "oh, there isn't a law written about this, but there's something similar, and we think it should apply" potential. So in that case, existing laws could be expanded to cover things that they weren't written for, because the justice interprets that they fit the intent.
At least, that's the way I understand it.
Posted on 7/10/18 at 5:33 am to Scoob
quote:
existing laws could be expanded to cover things that they weren't written for, because the justice interprets that they fit the intent.
Exactly. Thing like the 14th Amendment fall under this category. Birthright citizenship was intended to undo some of the damage of slavery and segregation by conveying US citizenship to those born in our country, whose ancestors were forcibly removed from their own lands via the slave trade.
It was NOT designed to allow invading foreign nationals who are here illegally a foothold in our society via anchor babies.
That case hasn't ever been tried in front of SCOTUS yet, so it's left to its poorly worded interpretation by practice. The Congress after the Civil War had no idea that it would be weaponized against US sovereignty like it has.
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